By Halimah Olamide
A Federal High Court, Abuja has restrained the Economic and Financial Crimes Commission (EFCC) from inviting or investigating Brig.-Gen. Charles Nengite over alleged money laundering offence during his secondment to Niger Delta Development Commission (NDDC).
Justice Obiora Egwuatu, who made an order of perpetual injunction, held that the EFCC lacked the constitutional power to invite or investigate the serving military officer, having been investigated, tried and punished by the General Court Martial in accordance with the Armed Forces Act which he was subject to.
The judge also made an order quashing the commission’s invitation to Nengite as contained in its letters of June 16, 2022; Aug. 2, 2022 and any other Invitation letters thereof, for being invalid, null and void, and of no effect whatsoever.
He equally made a declaration that from the construction and interpretation of Sections 6 and 7 and all other relevant provisions of the EFCC Act, 2004, its invitation for the purpose of investigation for alleged money laundering or any other civil crime was invalid.
Justice Egwuatu, in the judgment delivered on Jan. 29 and a copy of the certified true copy sighted on Wednesday, awarded the sum of N500, 000 as damages against the anti-graft agency for its ultra vires acts.
Nengite had, in a suit marked: FHC/ABJ/CS/1645/2022, sued the EFCC as sole defendant.
In the originating summons dated Sept. 13 but filed Sept. 24, 2022, the army officer sought nine questions for determination and prayed for 10 reliefs.
He urged the court to determine whether from the construction and interpretation of the Armed Forces Act CAP A20, 1994, Laws of the Federation of Nigeria, the EFCC Act, and the 1999 Constitution, the anti-graft agency had the powers to re-examine and or re-investigate acts for which it had already discharged him of, among others.
In his affidavit, Nengite averred that sometime in the year 2018, he was seconded to the NDDC with the consent of the then Chief of Army Staff, Lieut-Gen. Tukur Buratai, for strategic thinking.
He said in the course of discharging his duties in the NDDC, the EFCC, through its then Financial Intelligence Unit (NFIU), flagged his account and raised an alarm of some suspicious transactions in the account with the belief that he was involved in money laundering, gratification, misapplication of property, among others.
Nengite said as a result of the report, he was detained by the Military Police on Dec. 2, 2019, investigated on the allegation of money laundering, gratification and abuse of office and subsequently charged before the Court Martial as provided by the Armed Forces Act.
He averred that he was found guilty of the offence of gratification but discharged for the offence of money laundering. In line with the finding of guilt for the offence of gratification.
He said he was made to forfeit his seniority in rank of Brigadier General for a cumulative period of two years.
He said while his trial was ongoing before the General Court Martial, the Port-Harcourt Zonal Office of the EFCC continued its investigation, and the outcome of which was that he was not found culpable of the offence of money laundering or any other offence or at all.
“The plaintiff served the punishment and sentence meted by the Court Martial for two years, after which the plaintiff resumed his duty post at the Nigerian Army Headquarters, Abuja on the 23rd day of March, 2022.
“On August 1, 2022, the plaintiff was informed by the office of the Chief of Army Staff of the Nigerian Army of a letter dated June 16, 2022 (exhibit GN3), from the defendant addressed to the Nigerian Army requesting the plaintiff to appear before it on June 27, 2022, on an alleged case of money laundering,” he said.
Delivering the judgement, Justice Egwuatu said Nengite’s suit succeeded in part.