The
High Court of the Federal Capital Territory (FCT) presided over by Honourable
Justice C. O. Oba sitting in Court 32 has struck out Charge No.
FCT/HC/CR/469/2022 filed by Falana & Falana against the Chairman, Zinox
Technologies, Leo Stan Ekeh and officials of Technology Distributions Limited,
including Mrs. Chioma Ekeh, Chris Eze Ozims, Shade Oyebode, Charles Adigwe and
others over an alleged fraud involving a N170m contract with the Federal Inland
Revenue Service (FIRS).
This followed a letter dated October 28, 2022
from the Office of the Attorney General of the Federation (AGF) and Minister of
Justice, Abubakar Malami, through the Office of the Director of Public Prosecutions
of the Federation (DPP) to Falana & Falana withdrawing the fiat earlier
granted them in May 2022 and also directing them to immediately withdraw the
said charge constituted as FCT/HC/CR/469/2022 leveled against Mr. Ekeh and
the others, based on the findings that the fiat was obtained on
misrepresentation and concealment of material facts by their client, Mr.
Benjamin Joseph of Citadel Oracle Concepts Limited.
At the court proceedings on Tuesday, November
8, 2022, Mr. Marshall Abubakar, counsel from the firm of Falana & Falana,
who appeared for the prosecution, tried to argue against the instruction and
sought adjournment on some flimsy grounds, despite the clear instruction of the
AGF contained in the letter to his firm. However, Mr. Matthew Bukaa (SAN) who
appeared for Mr. Ekeh, and the aforementioned staff of Technology Distributions
Limited, opposed the application for adjournment and prayed the court to give
effect to the unambiguous directive of the AGF to withdraw the charges. The
trial judge, Honourable Justice C. O Oba, after reviewing the certified true
copy of the Attorney General’s letter, agreed with the defence counsel, Mr.
Bukaa SAN, that there are no legitimate grounds to sustain the charges or grant an adjournment and accordingly struck out the charges.
It would be recalled that some recent media
publications had published stories indicating that the Federal Government of
Nigeria was to prosecute Mr. Ekeh and 12 others over an alleged N170million
FIRS contract which Mr. Benjamin Joseph claims was fraudulently executed using
the name of his company, Citadel Oracle Concept Limited, without his knowledge
and that the Federal Government was accordingly defrauded. It was also reported
that the firm of Falana & Falana, acting for Mr. Benjamin Joseph, applied
for and was granted a fiat in May 2022 from the AGF to bring a charge against
Mr. Ekeh and 12 others, upon which Mr. Femi Falana filed the purported charge
on September 9, 2022.
However, the Attorney General, by a letter
dated October 28, 2022, to Falana & Falana withdrew the fiat earlier
granted them and directed them to immediately withdraw the charge they filed in
court. The directive came to a couple of weeks after the AGF discovered that
material information was withheld in the application by Falana & Falana for
the fiat allegedly meant to prosecute Ekeh and others. Crucially, Mr. Falana
SAN, who had only recently started representing Benjamin Joseph, failed to
disclose to the AGF that the FCT High Court presided by Honourable Justice Danlami
Senchi had in February 2021 delivered a judgment in Charge No.
FCT/HC/CR/244/2018, dismissed as false and malicious the various allegations
put forward by Mr. Benjamin Joseph and awarded the sum of N20m against him as
damages for false petitioning and to serve as a deterrence to others against
false information. The respected SAN also failed to disclose that his
client has refused to be cross-examined since 2018 in an ongoing criminal case
(Charge No. CR/216/2016) instituted against him by the Federal Government of
Nigeria through the Office of the Inspector General of Police (IGP) based on
false information on the same allegations.
Also, it was not disclosed to the AGF that the
Nigerian Police Force Headquarters had, by a comprehensive final report dated
December 1, 2020, after a thorough review of the facts and investigations of
the case, absolved Mr. Ekeh and all the aforementioned persons of any criminal
liability in the entire transaction leading to this case, but rather
recommended the continuation of the trial of Mr. Benjamin Joseph which began
since 2016. Furthermore, the AGF had, by a letter dated June 6, 2022,
also directed the Inspector General of Police to prosecute Benjamin Joseph to a
logical conclusion. The said criminal proceedings is still ongoing
against Mr. Benjamin Joseph before Honourable Justice Peter Kekemeke of the FCT
High Court and comes up on January 24, 2023, for the continuation of trial.
There was, therefore, no basis to grant or
sustain the fiat to file charges against Mr. Ekeh and the staff of Technology
Distributions on the same set of facts and allegations for which Mr.
Benjamin Joseph, the petitioner, is currently standing trial for false
information. Consequently, the fiat was withdrawn and the Charge struck out on
Tuesday, November 8, 2022 by Honourable Justice C. O. Oba sitting in Court 32
of the FCT High Court.
Reacting to the development, a human rights
activist,Dr. Niyi Abo, who was present in court on the sidelines as an observer,
hailed the judgment, even as he expressed his disappointment at the step taken
by Falana & Falana in filing the case against Mr. Ekeh and others without
due diligence.
‘‘I think what they want to achieve is to see Mr. Ekeh in the dock
just to diminish his stature because, from findings, the only sin the man
committed is that he founded TD Africa and his company extended an
interest-free credit to help a young man to survive, just like he has done for
thousands of other partners of TD Africa, some of whom are in court here in
sympathy with Mr. Ekeh.
‘‘This further gives vent to the claims that this might be a case
of blackmail gone wrong, according to what Benjamin Joseph’s ex-business
partner, Princess Kama confirmed in the media herself, that Benjamin Joseph’s
grouse is that she did not support him to divert TD Africa’s funds after the
FIRS paid them, as well as his alleged attempt to extort money from Mr. Ekeh
when he learnt that Mr. Ekeh is a very rich man. I understand Mr. Ekeh and his
wife have never met the alleged blackmailer. Does it mean if you transact business with a company and something goes wrong according to your own
estimation, you start calling the Chairman of the company, a distinguished
Nigerian and global citizen, a criminal?
‘‘I sincerely think it is very demeaning for a reputable law firm
like Falana and Falana to get involved in this. Nigerian lawyers must please
upgrade and exhaust simple due diligence on their clients before accepting
their briefs. I think that blackmail, due to hard times, is one of the biggest
businesses in Africa now. Several compromised media houses are being used by
these blackmailers to extort rich men. You can imagine the negative publicity
orchestrated by some online media houses against Mr. Ekeh in the past few days
on account of this useless case.
‘‘I congratulate Mr. Ekeh for having the guts to follow this fight
to the end,and if I were him, I would probably consider a petition to the Legal
Practitioners Disciplinary Committee against Falana & Falana. He should
also take Mr. Benjamin Joseph to the cleaners by taking out court actions
against him and his compromised media supporters,’’ Dr. Abo concluded.
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