Justice Inyang Ekwo of the Federal High Court Abuja has threatened to strike out a suit filed by a former Chief of Army Staff, Lieutenant General Kenneth Minimah, and two others, challenging the propriety of a criminal charge instituted against them by the Economic and Financial Crimes Commission (EFCC).
The warning came shortly after counsel to Minimah, Efut Okoi, asked the Judge for more time to complete his amended processes.
Okoi told the court that in the process of filing the statement of claims, one of the deponents was indisposed and that caused delay.
Registering his displeasure, the trial judge stated that the application was brought since 2020.
Justice Ekwo adjourned the case to March 23 for hearing. He, however, warned that he will strike out the suit if he wasn’t ready by that date.
General Minimah and a one-time Chief of Accounts and Budget, Major General A. O. Adetayo, as well as the former Director, Finance and Accounts Brigadier General R. I. Odi, had instituted a case in 2020, praying for an order restraining the Attorney General of the Federation and the EFCC, from trying them at an FCT High Court on an alleged diversion of N13billion meant for procurement of arms.
Part of their arguments is that they can only be tried by a court-martial within the Nigerian Army