Benjamin
Joseph, the owner of Citadel Oracle Concepts Limited, an Ibadan-based ICT retail
firm, has failed to appear in court to defend a case of malicious falsehood and
false petitioning filed against him by the Federal Government by presenting a controversial
medical report, claiming he is unwell.
The
Enugu-born businessman is standing trial for falsely petitioning the Federal
Government, alleging that Chairman, Zinox Group, Leo Stan Ekeh, and others
colluded in defrauding it and his company in executing a N170m contract from
the Federal Inland Revenue Service (FIRS).
At
the resumption of the trial on Thursday, November 3, 2022 before Honourable
Justice Peter Kekemeke of the High Court of the FCT, Abuja, Benjamin Joseph,
who has repeatedly refused to close his defence in the criminal case filed
against him by the Inspector General of Police, was conspicuously missing in
court. His defence counsel, Bob James, presented an application for adjournment
on the grounds that his client is ill and could, therefore, not attend the
court sitting. Furthermore, he attached a medical report from a hospital in
Ibadan.
However, the prosecution lawyer, Simon Lough (SAN) raised an objection to the said
application for adjournment. The Learned Silk urged the court to strike out the
document on the grounds that it was not from a public hospital. Responding, the
defence counsel argued that S.255 of the Administration of Criminal Justice Act
(2015) did not make provision for a specific hospital and that his application
should be granted.
Ruling
on the application, the court frowned at the development.
The
court observed that the letterhead is that of a state hospital while the body of
the letter makes reference to Zenith Hospital, a private establishment, and declared the said medical report a sham. The court further noted that there
must be an end to litigation. Nevertheless, the court conceded to give the defendant one last opportunity and adjourned to January 24, 2023 for continuation
of defence.
The
ongoing case relates to a 2012 credit sale of HP Laptops to Citadel Oracle
Concepts Limited on an interest-free credit facility when they could not fund
the contract awarded to them by FIRS to supply laptops, along with twelve other
companies. Two directors of Technology Distributions, Barr. Chris Eze Ozims and
Folashade Oyebode, had been appointed signatories to a bank account opened by
Citadel for the disbursement of the funds for the contract, solely as security/guarantee
for the laptops supplied on credit and in view of previous bad experiences from
other creditors of TD. After the FIRS paid all suppliers who were funded by
Technology Distribution (TD), the other companies paid TD the pre-agreed
invoice value.
However,
Mr. Benjamin Joseph, the MD of Citadel, tried to divert TD’s fund but his partner
Princess Kama resisted that move. After TD was paid, a dispute arose between
Benjamin Joseph and his partner, Princess Kama, on profit sharing. At a point,
Chief Afe Babalola, SAN who was Counsel to Benjamin Joseph, tried to intervene
and cause an amicable settlement of the profit-sharing dispute. But Benjamin
Joseph wanted the entire money without paying TD.
It
was at this point that he changed the story and contended that he was not aware
of the contract and that his company was used to defraud FIRS. However, during the investigation by Nigerian Police and EFCC, the FIRS provided proof that
Benjamin Joseph was indeed aware of the contract and that all the ordered
computers were fully supplied and received by the FIRS. In addition, Mr.
Benjamin Joseph again reported the matter to the Special Fraud Unit (SFU) of
the Nigerian Police Force, Milverton Road, Ikoyi. The SFU conducted
investigations and indicted him on the basis that a forensic analysis report
showed that he signed the board resolution which he alleged was forged. He
thereafter lodged another petition to the Police Headquarters, Abuja, and after
a thorough investigation, it was found again that his allegations were false.
It was on the basis of that finding that he was charged to court in 2016 in
Charge No: CR/216/2016 (IGP vs. Benjamin Joseph)before Justice Kekemeke of the
High Court of the FCT, Abuja for giving false information.
This,
however, did not stop Mr. Benjamin Joseph from embarking on a media trial, publishing
a series of sponsored fake news against Mr. Ekeh, with the intent to blackmail him as
confirmed by his former partner, Princess Kama. Kama, who was responsible for
helping Joseph win the bid for the FIRS contract, had recently come out to
state that Joseph was an ingrate who had attempted to divert the entire funds
for the contract without paying for the laptops supplied to them on credit,
despite being the beneficiary of an interest-free credit facility from
Technology Distributions Ltd. without which it would have been unable to execute
the contract. According to her, Joseph failed in convincing her to go along
with his dastardly plans; he had attempted to take all the profits from the
deal against their pre-agreed sharing percentage – a move she also resisted.
Equally
important, the Police (Prosecution) have closed their case since 2018 and Mr.
Benjamin Joseph has been called upon by the Court to open his defence. Instead
of proceeding with the said defense to a conclusion, he has devised different
tactics in his bid to sway the AGF to discontinue the criminal charge preferred
against him. Interestingly, the law firm of Falana& Falana had earlier in
2018 applied to the HonourableAttorney General of the Federation and Minister
of Justice, Abubakar Malami (SAN) by a letter dated November 1, 2018, for a fiat
to prosecute Ekeh, his wife and other persons mentioned in the articles Joseph
had consistently sponsored in the media. In order to convince the office of the
AGF, Mr. Joseph submitted some spurious reports said to have been issued in 2015
and in 2020 by the Nigerian Police, which his solicitors again used to apply
for another fiat. However, the Nigerian Police Headquarters Abuja, by a
comprehensive report dated December 1, 2020, discredited and disclaimed all
those reports relied upon by Mr. Benjamin Joseph, which was used to convince
the AGF to grant a fiat in May 2022.
On
this basis and upon a critical review of all documents relating to the case,
the office of the AGF saw through the falsehood and issued a new letter to the
Police dated June 6, 2022 directing the Police to continue the prosecution of
Benjamin Joseph and bring the criminal charge against him to a logical
conclusion. This letter was brought to the attention of the court by counsel to
the Nigerian Police through their letter dated September 26, 2022.
Meanwhile,
the Federal Government has also ordered the withdrawal of the charges purportedly
filed by Femi Falana (SAN) against Ekeh, his wife, and others. The directive was
issued via the office of the Attorney General of the Federation (AGF) and
Minister of Justice, Abubakar Malami (SAN), and communicated in a letter dated
October 28, 2022, from the Director of Public Prosecutions (DPP) of the
Federation, to the law firm of Falana and Falana.
The
letter was signed by M. B. Abubakar, Director of Public Prosecutions of the
Federation on behalf of the Attorney General and Minister of Justice.
Consequently,
by this letter, the Charge No: FCT/HC/CR/469/2022, purportedly filed by Falana
& Falana against Mr. Leo Stan Ekeh, Chioma Ekeh, Chris Eze Ozims, Shade
Oyebode, Charles Adigwe, and others, is no longer tenable and now baseless. A copy of this letter, which was issued by the
FG after a review of the facts of the matter, has been communicated to the
chambers of Mathew Burkaa SAN, legal counsel for Mr. Ekeh and others, under
cover of a letter dated Monday 31st October 2022 from the Office of
the DPP of the Federation on behalf of the Attorney General of the Federation,
reconfirming the withdrawal of the authorization earlier given to Falana &
Falana and directing them to discontinue the said Charge no.
FCT/HC/CR/469/2022.
This,
therefore, lays to rest the allegations bandied about by Mr. Benjamin Joseph of
Citadel Oracle Concept Limited, that Mr. Ekeh and the other persons mentioned
in the various publications are to be arraigned in court on 8th
November 2022. Rather, it is on this date that the firm of Falana & Falana
is supposed to appear in court and formally withdraw the said Charge no.
FCT/HC/CR/469/2022, following the clear directives of the Honourable Attorney
General of the Federation.
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