By ERIC IKHILAE, Abuja
The Federal Government has barred former Chief of Army Staff (COAS), Lt.-Gen. Kenneth Minimah (retd.) from leaving the country in view of his alleged complicity in a N13.8 billion defence equipment procurement fraud.
The Nigerian Immigration Service (NIS) alluded to this in its response to a fundamental rights enforcement suit filed by Minimah before a Federal High Court in Abuja.
Minimah, in his suit marked FHC/ABJ/CS/561/2021, claimed to have been prevented from travelling abroad by the NIS and that its official, Abullahi Umar also confiscated his international passport.
He also accused them of threatening, intimidating and unlawfully harassing him while he attempted to travel abroad.
“On the 19th of April, 2021, the applicant (Minimah) was scheduled to travel to Poland sequel to a letter of invitation sent to him inviting him to attend the AIBA Youths Men’s and Women’s World Championship 2021.
“To the greatest shock and dismay of the applicant, on approaching the clearance desk at the international wing of the Nnamdi Azikiwe International Airport, he was stopped by agents of the Nigerian Immigration Service and prevented from boarding.
“The agents of the first respondent (NIS) informed him that he was not permitted to travel out of the country pursuant to the directives of the second respondent (CIS Umar) who seized his international passport.
“No reason was given to the applicant by the second respondent with regards to the unlawful seizure of his passport,” it was stated in an affidavit supporting the suit filed for Minimah by his lawyer, Mahmud Magaji (SAN).
He asked the court to, among others, declare the actions of the respondents as a violation of his rights.
Minimah also wants the court to compel them to release his passport and to restrain them perpetually from further preventing him from travelling abroad.
But, in their joint counter-affidavit, the NIS and Umar claimed to be acting on a directive by the government, through the Economic and Financial Crimes Commission (EFCC).
“The respondents did not threaten, intimidate and unlawfully harass the applicant at the Nnamdi Azikwe International Airport as alleged by the applicant in his prayers for declaration.
“The withdrawal of the applicant’s international passport by the respondents is lawful, legal, constitutional and valid.
“The withdrawal of the applicant’s passport by the respondents does not amount to a violation of the applicant’s fundamental right.
“The EFCC had on two different occasions in the past requested that the applicant be watch-listed by the respondents and when the applicant reported to the EFCC on those two occasions, the EFCC again requested that the applicant be de-listed from the respondents’ watch-list which was done.
“The present request from the EFCC to place the applicant on the first respondent’s watch-list was made via a letter referenced CR:3000/EFCC/ABJ/STF4/VOL.2/088 and dated the 27th day of November, 2020.
“Upon receipt of the request by the EFCC via the said letter referenced CR:3000/EFCC/ABJ/STF4/VOL.2/088 and dated the 27th day of November, 2020 to watch-list the applicant for the offences of conspiracy, misappropriation of public fund and money laundering, the first respondent issued a watch-list notice dated 4th December, 2020 to watch-list the applicant with passport number: A50110993/B850015853.
“The applicant’s passport was withdrawn because he is on the Service watch-list as requested by the EFCC.
“It is the government policy that streamlines the security agencies present at the point of entry/exit from the country.
“The first respondent is the lead agency for the above-stated function.
“All security agencies collaborate by submitting a list of any person on the watch list to the first respondent.
“The first respondent has not been requested to de-list the applicant on this occasion as was the case on the two previous occasions mentioned earlier.
“Prayers C and D on the face of the applicant’s motion paper, praying for an order of court striking out the applicant’s name from the ‘No Fly List’ is misconceived.
“Prayers E, F, G. and H on the motion papers ousted the jurisdiction of this honourable court, as the court is not empowered to give an order restraining the respondents from performing its lawful duties as required by the Act creating the respondents.
“The respondents acted lawfully as mandated by law.”
The EFCC had, upon receiving the report of the Presidential Committee on the Audit of Defence Equipment Procurement in the Nigerian Armed Forces (CADEF) chaired by Air Vice Marshal (AVM) Jon Ode (retd.), set up by the Federal Government, conducted an investigation and found that about N13,789,619,309.00 was allegedly misappropriated by Minimah, Adetayo and Odi.
It then filed a charge against them before the High Court of the FCT.
But, before they could be arraigned, Minimah, Adetayo and Odi filed a separate suit, marked: FHC/ABJ/CS/1595/2020 before the Federal High Court in Abuja, challenging their planned arraignment.
The Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami and the EFCC, who are respondents in the suit marked FHC/ABJ/CS/1595/2020, have asked Minimah, Adetayo and Odi to submit themselves for trial.
On February 1 when the latter suit marked FHC/ABJ/CS/561/2021 was mentioned, the NIS prayed the court for time to move its application to join the EFCC as a respondent in the suit.
Justice Inyang Ekwo adjourned till March 1 for hearing. (The Nation)
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