The then AGF and justice minister, Abubakar Malami, SAN, had for years shielded the persons from prosecution, thereby frustrating the case and hindering thorough investigation.
The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), officially authorised renowned human rights lawyer, Femi Falana (SAN), to file file fraud charges against the Chairman of Zinox Group, Leo Stan Ekeh, his wife, Chioma and 8 other individuals and three companies, on behalf of the Federal Government of Nigeria.
SaharaReporters reported on Tuesday that Ekeh and the others were charged before the Federal High Court in Abuja for allegedly diverting N162,247,513.80 intended for a laptop supply contract at the Federal Inland Revenue Service (FIRS) Headquarters.
In a correspondence by Fagbemi, SAN, dated December 20, 2023, and obtained by SaharaReporters on Wednesday, the AGF noted that the prosecution of Ekeh and others was at the expense of the nominal complainant, Mr. Joseph Benjamin as requested.
The then AGF and justice minister, Abubakar Malami, SAN, had for years shielded the persons from prosecution, thereby frustrating the case and hindering thorough investigation.
In the memo obtained by SaharaReporters, titled, "Authorisation Under Section 174 Of The Constitution Of The Federal Republic Of Nigeria 1999 As Amended', and addressed to the Federal Ministry of Justice, the AGF said, "In the exercise of the powers conferred upon the Attorney General of the Federation and Minister of Justice by section 174(1) of the Constitution of the Federal Republic of Nigeria 1999 as amended, I, Lateef Olasunkanmi Fagbemi, SAN, Honourable Attorney General of the Federation and Minister of Justice, hereby authorize; Mr. Femi Falana of Falana & Falana & Co. of 22 Mediterranean Street, Imani Estate, Abuja- FCT, Nigeria to exercise the Powers on my behalf with particular reference to the refiling and effective Prosecution of Charge No. CR/827/2013 between Federal Republic of Nigeria and Chris Eze Ozim and 6 ORS at the expense of the nominal complainant, Mr. Joseph Benjamin as requested.
"You are to also ensure diligent prosecution and consistent update on the progress report of the case to my office without let or hinderance."
SaharaReporters on Tuesday reported that the government took legal action against Leo Stan Ekeh, his wife, Chioma and 8 other individuals and 3 companies, charging them before the Federal High Court in Abuja for allegedly diverting N162,247,513.80 intended for a laptop supply contract at the Federal Inland Revenue Service (FIRS) Headquarters.
The funds, domiciled in account number 0059202675 with Access Bank Plc, were reportedly misappropriated by the defendants under the guise of payment to Citadel Oracle Concept Limited.
The Complainant – the Federal Government of Nigeria – alleges that the accused knowingly used the account to receive and launder proceeds from the contract, despite being aware of its illicit nature.
The charge sheet, filed under case number FCT/HC/CR/985/24, lists individuals and entities, including Leo Stan Ekeh, Chioma Ekeh, Mr. Chris Eze Ozims, Oyebode Folashade, Charles Adigwe, Obilo Onuoha, Agartha Ukoha, Anya O. Anya, Femi Dosumu, and Nnenna Kalu as the Defendants.
The companies involved are Admas Digital Technologies Limited, Technology Distributions Limited, and Zinox Technologies Ltd.
The 15 counts filed on November 26, 2024 and received by the high court on November 28, 2024, were signed by human rights lawyer, Femi Falana (SAN) on behalf of the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN).
One of the charges reads in part, "That you Chris Eze Ozims "M", Folashade Oyebode "F", Leo Stan Ekeh "M", Chioma Ekeh "F", Charles Adigwe "M", Obilo Onuoha "M", Agartha Ukoha "F", Anya o. Anya "M', Nnenna Kalu "M", Femi Dosumu "M", Technology Distributions, Admas Digital Technologies Limited And Zinox Technologies Limited on or about the 30th day of January 2013, in Federal Capital Territory, Abuja within the jurisdiction of the honorable court jointly and severally acted to criminally misappropriate the sum of N 162, 247, 513. 8k (One hundred and sixty-two million, two hundred and forty-seven thousand, five hundred- and thirteen-naira, eight kobo) in account number 0059202675 domicile in Access Bank Plc being proceed of Federal Inland Revenue Headquarters Abuja contract for supply of laptops which you fraudulently diverted and received with the said amount in the name of Citadel Oracle Concept Limited. You thereby committed an offence contrary to Section 79 and punishable under section 390 of the Penal Code cap 532LFN Abuja (1990).”
Another count reads, "That you Mr. Chris Eze Ozims "M" and Folashade Oyebode "F" on or about the 30th day of January 2012, in the Federal Capital Territory, Abuja within the jurisdiction of this honourable court criminally misappropriated the sum of N 162, 247, 513. 8k (One hundred and sixty-two million, two hundred and forty-seven thousand, five hundred- and thirteen-naira, eight kobo) from account number 0059202675 domiciled in Access Bank plc. being proceed of the Federal Inland Revenue Headquarters Abuja contract for supply of laptops which you fraudulently diverted and received the said payment in the name of Citadel Oracle Concept Limited knowing it to be a crime. You thereby committed an offence contrary to the section 308 of the Penal Code cap 532LFN Abuja (1990) and punishable under section 309 of the same Act.”
BACKGROUND
In June, a Federal Capital Territory (FCT) High Court in Abuja discharged and acquitted the Managing Director/Chief Executive of Citadel Oracle Concept Limited, Benjamin Joseph, of one count bordering on false petitioning, which was filed by the police.
The presiding judge, Justice Peter Kekemeke, ruled on the case which had been going on since 2016, following a letter from the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, to nolle prosequi to charge and terminate the case.
In October 2013, Joseph petitioned the then Deputy Inspector General (DIG) in charge of the Force Criminal Investigation Bureau (FCIB), Solomon Arase, over a N170.3m fraud he said was committed against his company by a syndicate.
In his petition, he accused some senior officials of Zinox Technologies Limited and its subsidiary, Technology Distributions Limited (TD) of conspiring with their allies in Ad’mas Digital Technologies Limited and Pirovics Engineering Services Limited to hijack and illegally execute a contract awarded to his company by the Federal Inland Revenue Service (FIRS) in 2012 for the supply of laptop computers.
The businessman named the suspects to include the Chairman of Zinox Group, Leonard Stanley Ekeh, and wife, Chioma; Company Secretary/Legal Adviser, Zinox Group and TD, Chris Eze Ozims, and a director of TD, Folashade Oyebode.
He said they connived with the Chief Executive of Ad’mas Digital Technologies Limited and Pirovics Engineering Services Limited, Onny Igbokwe, along with one Princess O. Kama, and two officials of Access Bank PLC – Obilo Onuoha and Deborah Ijeabu, to commit the fraud.
Joseph said Oyebode and Ozims appointed themselves signatories of a fake account opened in his company’s name at Access Bank with forged documents, including a board resolution dated December 18, 2012, using a caricature of his signature.
To facilitate the fake account opening, the businessman said Onuoha and Ijeabu betrayed the company’s confidentiality and illegally gave out to the syndicate the original copies of his company’s documents with the bank.
The businessman said transaction documents also showed that Chioma Ekeh, wife to Stan Leo Ekeh, issued the instructions to the accountant at TD, Charles Adigwe, for the disbursement of funds from the fictitious company account at Access Bank to various benefiting parties in the fraud.
SaharaReporters reported in November 2022 how then Attorney General of the Federation and Minister of Justice, Abubakar Malami opted to exercise his discretionary powers under the constitution to favour the suspects against the complainant.
SaharaReporters on October 2, 2022 reported how Falana filed a charge of 17 counts at the High Court of the Federal Capital Territory, Maitama against the 13 persons and companies suspected to have played different roles in the alleged N170.3 million fraud perpetrated against Joseph, the Managing Director of an Ibadan-based ICT retail firm, Citadel Oracle Concepts Limited.
The suspects were due to be arraigned before Justice Oba on Tuesday at Apo on November 8, 2022.
In the charge sheet with suit No FCT/HC/CR/469/2022, Falana accused the suspects of conspiracy to hijack a contract for the supply of laptops awarded to Joseph's company in 2012 by the FIRS.
But in a suspicious move by Malami, under the guise of exercising his power (nolle prosequi) to intervene and terminate any case at any time, he withdrew the authorisation earlier granted to Falana to prosecute the suspects.
For instance, a letter signed by the Director of Public Prosecution, M.B. Abubakar, dated October 28, 2022, and titled, "Withdraw of Authorisation Under Section 174 of the Constitution of the Federal Republic of Nigeria 1999 As Amended’ was addressed to Falana.
The letter, obtained by SaharaReporters, read, "I am directed to write in reference to the above caption and to inform you that the Honourable Attorney General of the Federation and Minister of Justice in exercise of the power conferred upon him by Section 174 ( 1 ) ( c ) of the Constitution of the Federal Republic of Nigeria 1999 as amended has withdrawn the authorization earlier granted to you dated 10th May 2022 to prosecute the case mentioned below as the expenses of the nominal complainant Mr. Joseph Benjamin FRN VS Chris Ezeh Ozim & ORS Charge No CR/8327/2013.
"You are accordingly requested to withdraw charge No FCT /HC/ CR / 469/2022."
Malami’s intervention in the case a few days before the arraignment by quashing the fiat he granted Falana to prosecute ensured no charges were filed against the Zinox top officials and other suspects.