Judgment
HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment) : This appeal is against the decision of the Federal High Court, sitting in Abuja per D. U. Okorowo, J delivered on the 25th day of November, 2021 in Suit No: FHC/ABJ/CS/513/2021. By an Originating Summons which was dated and filed on the 21/6/2021, the Appellant as the Plaintiff posed the following questions to be answered by the trial Court: 1.
Whether, having regards to the provisions of Sections 217(1), 218(4) (b), 315(1) (a) and (4)(b) of the Constitution of the Federation of Republic of Nigeria, 1999 (as amended), the Plaintiff a serving officer of the Nigerian Army is subject only to the provisions of the Armed Forces Act, 1994 “the Service Law” (Now codified as Armed Forces Act CAP A20, Laws of the Federation of Nigeria, 2004) with regards to Arrest, Invitation, Interrogation, Interview, Investigation being subjected to punishment by way of property deprivation and/or Prosecution in respect of the alleged offences of Criminal Conspiracy and Money Laundering levied against him by the 1st Defendant or in respect of any civil offence or offences within the meaning of Section 114 of the Armed Forces Act.
2.
Whether, in the light of the provisions of Section 217(1), 218(4)(b), 315(1) (a) and (4)(b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the provisions of Section 270(1)(a), 121 and 123 of the Armed Force Act, 1994, “the Service Law” (Now codified as Armed Forces Act, CAP A20 Laws of the Federation of Nigeria, 2004), the Provisions of Sections 6(b), (h), (m), 7(1)(a), (b), 2(a), 13(1)(a), (b), (c), (d), 13(2)(a), (b), (c), 19(1), (2)(a), (b) and (c) or any provision or provisions of the Economic and Financial Crimes Commission (Establishment Act), 2004 are applicable to the Plaintiff as a serving officer of the Nigerian Army with regards to Arrest, Invitation, Interrogation, Interview, Investigation, being subjected to punishment by way of property deprivation, and/or Prosecution in respect of the alleged offences of Criminal Conspiracy and Money Laundering levied against him by the 1st Defendant or in respect of any offence or offences within the meaning of Section 114 of the Armed Forces Act.
