A Federal Capital Territory High Court has dismissed an alleged contract fraud case instituted by Femi Falana SAN against Zinox Technologies, its chairman Leo Stan Ekeh, and other defendants, faulting the prolonged “campaign of persecution” against the company by the senior lawyer and the CEO of Citadel Oracle Concept Limited, Benjamin Joseph (nominal complainant).
Justice A. O. Ebong of the FCT High Court passed the ruling following a preliminary objection by Zinox and another objection against the case marked FCT/HC/CR/985/24, filed by Falana in November 2024.
The charge by Falana, who represented the prosecution and the nominal complainant, disclosed various offenses against the defendants, ranging from alleged criminal misappropriation to obtaining by false pretenses, abetment of theft, alleged criminal conspiracy, alleged forgery, abetment of forgery, theft, among others.
However, a Zinox spokesman reacted, stating that the charges filed by Femi Falana (SAN) on behalf of the Attorney General of the Federation were the third in a series, following charge no. CR/469/2022, which was reportedly struck out by Justice C. O. Oba of the FCT High Court on 8th November 2022.
Legal Dispute
In the instant suit, the prosecution argued that the defendants were implicated in the contract fraud case.
However, the legal team of Zinox and another filed a preliminary objection, urging the judge to dismiss the case for being an abuse of court process.
Court Ruling
Ruling on the preliminary objections on March 20, Justice Ebong held that an intriguing aspect of this matter is that none of the law enforcement agencies involved in the investigation of the nominal complainant’s numerous petitions found merit in any of his allegations against Zinox and the other defendants.
“When called upon before Senchi J. to prove his allegations to the Court, he failed to turn up. One then wonders on what premise he wants to maintain this campaign of persecution against the defendants,” the judge said.
- The judge concluded that, based on the foregoing, the charges by Falana constitute a gross abuse of court process and are liable to dismissal.
“I accordingly hereby dismiss it,” the judge said.
- The judge observed that the conclusions from police investigation reports on the matter, including the final investigation report issued on 1/12/2020, did not favor the nominal complainant, Benjamin Joseph.
- Instead, the judge said the report actually indicted Joseph for providing false information to the police against Princess Kama and others, including some of the defendants.
- The judge further observed that several other criminal charges had been filed in the FCT High Court against these defendants at the instance of Benjamin Joseph, but these charges were struck out in the interest of justice.
Backstory
An Abuja High Court had previously vindicated Zinox Technologies Ltd. and TD Africa, two of Nigeria’s leading technology firms, and their Chairman, Leo Stan Ekeh.
- The court also cleared company secretary Barrister Chris Eze Ozims and two others, Shade Oyebode and Charles Adigwe, of any wrongdoing in a protracted court case involving a N170 million Federal Inland Revenue Service (FIRS) contract.
- On February 24, 2021, the court discharged and acquitted Princess Kama Onyeoma and Chief Onny Igbokwe, partners of Benjamin Joseph, who were accused of fraudulently executing the N170 million contract awarded to Citadel Oracle Concepts, an Ibadan-based ICT firm owned by Joseph.
Additionally, the court awarded N20 million in damages against the complainant, Mr. Joseph, for filing frivolous and malicious petitions and prosecutions.
