SaharaReporters had reported that the Nigeria Police Force had instituted the criminal prosecution since 2 July 2016, against the Ibadan-based ICT retail firm boss following his petition over alleged N170.3 million Federal Inland Revenue Service (FIRS) contract fraud.
SaharaReporters had reported that the Nigeria Police Force had instituted the criminal prosecution since 2 July 2016, against the Ibadan-based ICT retail firm boss following his petition over alleged N170.3 million Federal Inland Revenue Service (FIRS) contract fraud.
Joseph was arraigned by the police on one count bordering on ‘false petitioning’ of the then-Inspector General of Police, Solomon Arase, over the N170.3 million FIRS contract fraud.
On July 3, 2013, Joseph petitioned Arase, who was in charge of the Force Criminal Investigation Bureau (FCIB) to protest against the continued refusal of the police to commence the prosecution of the suspects despite their indictment by the findings of the Special Fraud Unit (SFU) of the police.
In the petition, he reiterated his allegations that some senior officials of Zinox Group, and its affiliate, Technology Distributions Limited (TD), had conspired to impersonate, fraudulently hijack and illegally execute a contract for the supply of laptops awarded to his company by the FIRS in 2012.
The businessman named the suspects of the fraud to include the Chairman of Zinox Group, Leonard Stanley Ekeh, and wife, Chioma. However, both have always denied involvement.
Joseph accused the suspects of conniving with the Chief Executive of Ad’mas Digital Technologies Limited and Pirovics Engineering Services Limited, Onny Igbokwe, along with one Princess Okechukwu Kama, and two officials of Access Bank PLC – Obilo Onuoha and Deborah Ijeabu, of using his company’s profile to commit the fraud.
Oyebode and Ozims, Joseph further alleged, appointed themselves signatories of a fake account opened in his company’s name at Access Bank, Ikoyi, Lagos, using forged company documents, including a fictitious board resolution dated December 18, 2012, bearing a caricature of his signature.
On March 9, 2015, the DPP, Muhammad Diri, in his legal advice, said after reviewing the case, “we have found enough convincing evidence to prosecute the suspects for the offences stated.”
Earlier on August 15, 2014, the SFU, through the Deputy Commissioner of Police, Subairu Muazu, returned the verdict, while the Lagos DPP recommended in its report of September 26, 2014, that all the suspects be “charged for forgery, conspiracy, impersonation and fraud.”
The report was even more specific in its assertion that: “Technology distribution who supplied the computers also acted fraudulently. The Access Bank officials that opened the fraudulent account are also guilty.”
However, after nine years of the legal battle, the case was terminated following the application for discontinued trial otherwise known as nolle prosequi filed by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN).
At the resumed trial on Thursday, according Media Tracnet, the police prosecutor, Simon Lough, deputy Commissioner of Police and SAN, sought to sidestep the AGF’s directive and continue the prosecution based on the application for an order to restrain any attempt to terminate the case he claimed was pending in court.
However, the lawyer for the businessman, Bob James of Bob James & Co., fought back after he informed the court of the presence of a legal counsel from the office of the Attorney General of the Federation on an official assignment.
James’ information compelled the judge to halt proceedings and ask the lawyer from the AGF’s to take the floor and disclose her mission.
The officer, who later introduced herself as FM Umoh, an Assistant Chief State Counsel in the Office of the Attorney General of the Federation and Minister of Justice, told the court she was directed to appear in court to take over the trial, withdraw the case and discontinue further prosecution of the matter by the police.
Ms Umoh told the court that the directive was pursuant to the provision of Section 174 (1) of the Constitution.
She also told the court that AGF had already indicated in correspondences to both the Inspector General of Police and the court registrar that he was not interested in continuing with the prosecution of the matter, citing Section 174 (1) of the Constitution.
She stated that the section empowers the AGF to institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court-martial, in respect of any offence created by or under any Act of the National Assembly.
The provision also authorises the AGF to take over and continue any such criminal proceedings that may have been instituted by any other authority, or person, and to discontinue at any stage before judgment is delivered any such criminal proceedings instituted, or undertaken by him, or any other authority, or person.
After listening to the state counsel, the trial judge, Justice Kekemeke, agreed with her submission and dismissed the case, considering the vast powers conferred by the Constitution on the Attorney General to order the prosecution of anyone accused of any crime, and his right to order the termination of same at any time before judgment.
He declared that in view of the positions of the law, he was duty bound to obey the directive to discontinue the trial.
Consequently, the Judge ruled that the one count of false petitioning preferred against the businessman be terminated forthwith.
Meanwhile, the AGF's application for notice of discontinuance in a letter to Inspector General of Police Kayode Egbetokun dated February 5, 2024, numbered HAGF/IGP/2024/Vol.1/2 was titled: ‘Re: Malicious Prosecution by DCP Simon Lough, SAN, And Appeal For A Review of Charge No.CR216/16 – IGP vs Benjamin Joseph’.
In the letter, he informed IGP of his instruction for the criminal proceedings against the businessman by the police to be terminated immediately.
The AGF told the IGP that after reviewing the entire case file, he could not understand how the businessman, who was the victim of a fraud against his company over which he petitioned the police, became the defendant.
He said his view was that the facts and circumstances of the case revealed the trial was not only malicious, but grossly oppressive.
“I do not think a citizen of this nation should be subjected to such harrowing experience,” the AGF concluded in his letter.
The AGF’s letter followed a petition dated November 1, 2023 by the businessman to complain about his malicious prosecution by DCP Simon Lough, SAN, while the perpetrators of the fraud against his company were allowed to walk freely.
Since 2016, the businessman has stood trial in a case filed by the police over an alleged false petition.