The Nigerian Government has taken legal action against the Chairman of Zinox Group, 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 signed 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).
The charges read 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)
“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.”
It also said, “That you Mr Chris Eze Ozims “M” and Folashade Oyebode “F” fraudulently opened account number 0059202675 with Access Bank Plc. with forged documents in the name of CITADEL Oracle Concept Limited by which you criminally misappropriated or caused to be misappropriated the sum of N 162, 247, 515.8k (One hundred and sixty-two million, two hundred and forty-seven thousand, five hundred and thirteen naira, eight kobo) being proceed for contract for supply of laptop awarded to Citadel Oracle Concept Limited by the Federal Inland Revenue Service Headquarters Abuja which you fraudulently diverted an act you know to be a crime. You thereby committed an offence contrary to section 1 (1) of the Advanced Fee Fraud Act, 2006 and punishable under section 1 (3) thereof.
“That you Obilo Onuoha “M” fraudulently opened account number 0059202675 with Access Bank Plc. with forged documents in the name of Citadel Oracle Concept Limited with the intention to aid the theft of N 162, 247, 515.8k (One hundred and sixty-two million, two hundred and forty-seven thousand, five hundred and thirteen naira, eight kobo) by Chris Eze Ozims “M” and Folashade Oyebode “F”, you thereby abetted the theft of the sum of N 162, 247, 515.8k (One hundred and sixty-two million, two hundred and forty-seven thousand, five hundred and thirteen naira, eight kobo) being proceed for contract for supply of laptop awarded to Citadel Oracle Concept Limited by Federal Inland Revenue Service Headquarters Abuja which you knew to be a crime. You thereby committed an offence contrary to section 83 of Penal Code Law of FCT, Abuja and punishable under section 287 of the same law.
“That you Mr Chris Eze Ozims “M” and Folashade Oyebode “F” falsely impersonated Citadel Oracle Concept Limited staff to open account number 0059202675 with Access Bank Plc. in the name of Citadel Oracle Concept Limited with the intent to fraudulently divert the sum of N 162, 247, 515.8k (One hundred and sixty-two million, two hundred and forty-seven thousand, five hundred and thirteen naira, eight kobo) being proceed for payment of contract awarded to Citadel Oracle Concept Limited by the Federal Inland Revenue Service for supply of laptops knowing it to be a crime, you thereby committed an offence punishable under section 179 of Penal Code cap 532LFN Abuja (1990).”
The prosecution accuses the defendants of criminal conspiracy, diversion of public funds, and other financial crimes under the nation’s anti-corruption laws.
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.
Police Frustrate Prosecution Of Suspects
Since 2014, the businessman said the Special Fraud Unit (SFU) of the police in Lagos had concluded investigations into allegations in the petition and found the suspects culpable of the crime.
However, he said the police refused to release the original case file to the Director of Public Prosecution (DPP) for their prosecution.
He said several requests by the then DPP, Muhammad Diri, to then DIG Arase, demanding the release of the case file for the prosecution of the suspects failed to persuade him. The businessman said this development necessitated a reminder he sent in a letter to Arase on July 3, 2014
Following Arase’s appointment as Inspector General of Police (IGP), the businessman said he sent another reminder to him on May 8, 2015 highlighting his company’s frustrations in getting the police cooperation to prosecute the suspects.
But he said Arase deliberately sold a dummy to him by advising that he should allow the civil case, which was not pending anywhere against the suspects, to be concluded first, ostensibly to prevent a miscarriage of justice.
The businessman said when he read through the smokescreen of Arase’s diversionary scheme, his lawyer wrote to him, accusing him of an attempt to shield the suspects from prosecution.
Angered by his lawyer’s letter, the businessman said rather than give the needed approval for the prosecution of the fraud suspects, a few days before his retirement, IGP Arase, directed that a one-count charge be filed against him for allegedly misinforming him in the petition to his office on the matter.
On June 2, 2016, he said he was formally arraigned before Justice Peter Kekemeke, then at Court 14, Federal Capital Territory High Court, Apo, Abuja, on a one-count charge of “false petitioning” in case No FHC/HC/CR/216/2016.
In the charge sheet read during the arraignment, the police prosecution counsel, Simon Lough, said the businessman provided false information to mislead the IGP through his petition of July 3, 2014, which accused the suspects of using a fictitious board resolution of his company dated December 18, 2012 to open a fake account with Access Bank PLC used in committing the fraud.
Petition To VP Osinbajo
Not satisfied with IGP Arase’s handling of the matter, the businessman said he petitioned then acting President, Yemi Osinbajo, who directed the anti-graft agency, the Economic and Financial Crimes Commission (EFCC), to wade in and investigate the matter.
He said the Commission swung into action immediately by inviting and quizzing some of the key suspects, except Stan Leo Ekeh.
Despite that the report at the end of the probe corroborated all the allegations in his petition against the suspects, the businessman said the police remained adamant on not prosecuting them.
Following his arraignment and charge by the police, the businessman said he again petitioned then VP Osinbajo, who directed the then AGF, Abubakar Malami, along with then Solicitor General of the Federation, Taiwo Abidogun, to intervene.
Malami, acting on Osinbajo’s directive, asked then DPP, Mohammad Umar, to take over the prosecution of the case by the police to avoid a miscarriage of justice.
On December 7, 2016, he said the DPP, pursuant to the AGF’s directive, detailed a senior counsel from the Federal Ministry of Justice, Aniekan Ekong, to appear in court and take over the case.
Although Ekong, indeed, took over the case, asked the police to withdraw its prosecution and transfer the case file to the DPP, Police Prosecutor Simon Lough disobeyed the AGF’s directive.
At the resumed hearing in the case on February 28, 2017, the businessman said Lough presented a letter purportedly signed by the same DPP Umar, upturning the AGF’s earlier directive, and reinstating the police to continue with the trial.
Lough claimed the AGF was misinformed about the status of the case, as there was a petition by one Innocent Eremionkhale of Integrity Law Firm, whom he claimed to be counsel for the police, pending against the businessman in another court.
The businessman said he wrote again to then VP Osinbajo and Malami on April 11, 2017, to demand a probe of the then director, International and Comparative Law in the Federal Ministry of Justice, Stella Anukam, whom he accused of abuse of office.
He identified Anukam as a sister of Innocent Eremionkhale and also an ally of the suspects. He accused Anukam of using her position in the Ministry and her company, Integrity Law Firm, to obstruct the prosecution of the suspects.
The businessman said his findings showed Anukam was not only the lead partner in Integrity Law Firm used by the police to file the purported petition to the AGF to reverse his earlier directive for the take-over of his prosecution, but also the sister of Innocent Eremionkhale, the signatory to the petition, who doubles as the legal counsel for suspects in the fraud against his company.
Again, the businessman said in 2017, when the EFCC quizzed the suspects over their roles in the fraud against his company, Anukam stood surety for some of the suspects, including Chioma Ekeh, the director of TD and wife of the Chairman of Zinox Group, Stan Leo Ekeh.
He said Integrity Law Firm and Eremionkhale also featured as legal counsels to four of the fraud suspects – Chioma Ekeh, Chris Eze Ozims, Folashade Oyebode and Charles Adigwe, in their applications before the Federal High Court in Lagos presided by Justice Tijjani Garba Ringim, as they sought to shield themselves from police prosecution for the fraud.
He said it was Eremionkhale who filed separate applications for the four suspects, asking the court to restrain the police from inviting them for interrogation and prosecution over their roles in the case of conspiracy, forgery, and fraud against them.
EFCC deceitful games
In February 2021, Joseph said the EFCC, after much pressure, decided to arraign only two of the seven suspects (Onny Igbokwe and Princess Kama) it found culpable of the crime.
But the businessman said it was another shadow-boxing by the anti-graft agency, as the four-count charge filed against the suspects, was fundamentally flawed.
Although the businessman said his petition was based on the forgery of his company’s document dated December 18, 2012, the EFCC charged the suspects based on a non-existent document dated December 14, 2012.
He said despite the observed discrepancies, the EFCC Prosecutor, Jude Obozuwa ignored all requests to make the necessary correction.
Consequently, in his ruling in the matter, Justice Danlami Senchi, then presiding judge of the High Court of the Federal Capital Territory, Jabi, Abuja, relied on the deliberate contradictions and non-diligent prosecution by the EFCC to discharge and acquit the suspects, while imposing a controversial N20 million fine on the businessman, who was neither a party to the case, nor granted permission to join in testifying as interested party.
Following the ruling by Justice Senchi, the businessman said he again petitioned then AGF Malami, seeking his intervention in the “unjustified persecution”.
On November 15, 2021, the DPP, this time Babadoko Mohammed, through a letter No. DPP/ADV/1009/14, by Abdulrahim Opotu Shuaibu, an Assistant Director of Public Prosecution in the Ministry, conveyed the directive of the then AGF to again take over the case, the second time since December 7, 2016.
The businessman said a senior state counsel in the Federal Ministry of Justice, Bagudu Sani, who represented the DPP, was actually in court at the resumed sitting to effect the directive of the AGF.
But Sani said the prosecution of the suspects would not commence immediately until the AGF studied the case file before deciding on the legal advice to pursue.
Businessman Petitions Fagbemi
On assumption of office as the new Attorney General of the Federation and Minister of Justice, Joseph said he sent a petition to Lateef Fagbemi, SAN, on November 1, 2023 detailing his travails in court and frustrations by the police in his quest for justice.
On February 5, 2024, the AGF wrote to the Inspector General of Police to express his reservations against the continued trial of the businessman by DCP Simon Lough, despite several directives for him to withdraw the case.
“It is my instruction that the said charge be withdrawn and the ongoing criminal proceedings terminated. How the victim of the alleged offence became the defendant under prosecution, in view of the facts and circumstances of this case, is not only malicious, but grossly oppressive. I do not think a citizen of this nation should be subjected to such harrowing experience,” the AGF wrote to the IGP.
Despite the strong-worded letter, DCP Simon Lough, SAN stuck to his guns and refused to withdraw the charge and terminate the prosecution of the businessman.
On March 21, 2024, the DPP MB Abubakar sent another letter to the IGP, for the attention of DCP Simon Lough, SAN, to remind him of the AGF’s directive conveyed in his February 5 correspondence directing to withdraw forthwith the charges.