N13bn Fraud: Minima Former COAS Charged To Court; Contests His Arraignment

By Uche Mbah

The Economic and Financial Crimes Commission, EFCC, has charged General Kenneth Minimah, rtd, former Chief of Army Staff, for alleged fraud at an Abuja Federal High Court.

Minimah was the COAS under the Goodluck Jonathan Government.

The anti graft agency  alleged that he diverted the sum of  N13 billion earmarked for procurement of arms to fight insurgency and terrorism.

Arraigned alongside the former Army Chief was A. O. Adetayo, former Chief of Accounts and Budget of the Nigerian Army, and R. I. Odi, former Director, Finance and Accounts of the Nigerian Army.

The EFCC said it is acting based on a report of the committee on the Audit of Defence Equipment Procurement in the Nigerian Armed Forces (CADEP) from 2007 to 2015.

According to the report, between 2010 and 2015, “several billions of Naira were received by the Nigerian army from the Federal Government for procurement of military hard-wares and were discovered to have been misappropriated by senior army officers.”

The defendants, according to the report,  misappropriated the sum of N13,798,619,309.

“The sums were transferred from various accounts belonging to the Nigerian army and moved to company accounts of entities that had no business relations with the Nigerian army,” the EFCC deposited.

“This caused huge loss to the Nigerian army and the Federal Government of Nigeria through the unlawful gains made by the aforementioned officers who converted the monies for their personal use.

“The legal advice on the investigation opined that a prima facie case has been sustained against the Officers”, EFCC added, saying it wrote to the Army to avail them of the three accused for prosecution.

But the defendants, through their team of lawyers, led by Mahmud Magaji, SAN,  filed a suit before an Abuja Federal Court on the ground that EFCC was acting illegally.They prayed the Court to determine:

“Whether in view of Sections 6(3), (5) (a), 240 and 318 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Sections 113, 114 (1), (2) 8(3), 123, 124, 126(1), (2) 8. (4) and 270 of the Armed Forces Act, Cap A20 Laws of the Federation of Nigeria, 2004, the Plaintiffs are not subject to be charged arraigned and /or prosecuted only by a court martial as a court of first instance, to the exclusion of any other trial Court, viz: the Federal High court, High Court of the Federal Capital Territory, and High Court of States, in respect of any offence committed by them.”

Following the determination of the legality, they sought “an order of this Honourable Court restraining the defendants whether by themselves, agents, privies, servants, or howsoever called from investigating, charging, arraigning and or prosecuting the Plaintiffs for any allege offences or misconduct while subject to the Nigerian armed forces service Law”.

Joined in the suit are the Attorney-General of the Federation and Minister for Justice as well as the EFCC.