By Bassey Udo
The former Inspector-General of Police (IGP), Solomon Arase, who died recently, for years, connived to frustrate the trial of key suspects in a sensational N170.3 million contract fraud allegedly committed by some top officials of Zinox Technologies Limited and its affiliate, Technology Distribution Limited (now TD Africa).
After his retirement on June 21, 2016, Arase, who was the 18th IGP, was later appointed the Chairman of the Police Service Commission (PSC) in January 2023 by former President Muhammadu Buhari, a tenure close followers say was marred by a number of controversies and corruption, which led to his sack by President Bola Tinubu in June 2024.
Arase received petition on fraud
Prior to his emergence as IGP in 2015, the Edo State-born cop served as the head of the Force Criminal Investigations Department (FCID),Abuja.
Arase was in office, then as the Deputy Inspector General (DIG) of Police in charge of the FCID when, on October 2013, an Ibadan-based businessman and ICT equipment retailer, and Managing Director of Citadel Oracle Concepts Limited, Benjamin Joseph, filed a petition over a N170.3m fraud he alleged was committed against his company by a suspected fraud syndicate in Abuja.
Details of petition
In his petition, Joseph accused some senior officials of Zinox Technologies Limited and its subsidiary, Technology Distributions Limited (TD), now TD Africa, of conspiring with their allies in Port Harcourt-based 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 in the fraud 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 then director of TD, Folashade Oyebode.
He said the suspects allegedly committed connived with the Chief Executive of Ad’mas Digital Technologies Limited and Pirovics Engineering Services Limited, Chief Onny Igbokwe, along with one Princess O. Kama, and two officials of Access Bank PLC – Obilo Onuoha and Deborah Ijeabu, to commit the fraud.
Oyebode and Ozims, the businessman said, illegally appointed themselves signatories of a fake account opened in the name of Citadel Oracle Concepts Limited 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 alleged that Onuoha and Ijeabu betrayed the company’s confidentiality and illegally gave out to the syndicate the original copies of his company’s documents domiciled with the bank.
The businessman said a review of the transaction documents showed that Chioma Ekeh (wife to Stan Leo Ekeh) in her capacity as Executive Director at TD, 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.
Arase sat on SFU’s report on fraud
Joseph claimed although the Special Fraud Unit (SFU) of the police in Lagos had, since 2014, concluded investigations into the matter and found the suspects culpable of the crime, the police investigative report and the original case file forwarded to Arase,then a Deputy Inspector General of Police (DIG), were not released to the Director of Public Prosecution (DPP) for the prosecution of the suspects.
On July 3, 2014, Joseph said he wrote to Arase to remind him of the need to accelerate the process to prosecute the suspects. He said Arase advised him to consider adopting an Alternative Dispute Resolution mechanism to resolve the issue.
He said Arase accused him during personal encounter of being difficult, by refusing to accept the monetary compensation that Zinox was offering him to settle the matter.Joseph said when he asked Arase to put his advice in writing if that was how he wanted to settle the matter, he refused.
Rather he said Arase asked him to go and wait for the DPP’s final report, because Zinox had petitioned the AGF about the aspect that recommended the immediate prosecution of the suspects. Even when the AGF later sent the report, Joseph said Arase still refused to transfer the case file to the DPP.
Following Arase’s appointment as IGP, Joseph said he sent another reminder to him on May 8, 2015 highlighting his company’s frustrations in getting the police to cooperate in the effort to prosecute the suspects.
Rather than direct his officials to act on the request, Joseph said Arase’s advice was that a certain civil case, which he said had already commenced against the suspects be allowed to run its course first, to forestall a miscarriage of justice.
Not satisfied with Arase’s advice, Joseph said he directed his legal team to write to him to express their reservations, an action he said infuriated the former IGP.
Arase ordered police to file charge against petitioner
Days before his retirement, the businessman said Arase showed his anger by directing that a one-count charge be filed against him for allegedly misinforming him in the petition to his office on the fraud.
Consequently, the businessman said on June 2, 2016, 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, then a DCP, said the businessman provided false information to mislead the IGP through his petition of July 3, 2014.
Osibanjo directed EFCC to wade in
After IGP Arase’s unsatisfactory handling of the matter, Joseph said then Vice President Yemi Osinbajo, directed the Economic and Financial Crimes Commission (EFCC) to wade in and investigate the allegations.
The probe by the anti-graft agency did not halt the illegal trial of the petitioner for over six years before it was quashed in June 2024 following three reviews ordered by the Attorney General of the Federation (AGF).
In the course of the trial, the then AGF and Minister of Justice, Abubakar Malami, on two occasions, ordered the withdrawal of the charge against the businessman and his trial terminated.
But IGP Arase used his influence to frustrate the orders and caused the reversal of the order by the AGF.
The first order for the withdrawal of the charge and take over of the trial was carried out on December 7, 2016.
But at the resumed sitting a few months later in February 2017, Police Prosecutor Simon Lough, with IGP Arase’s influence, along with those of some corrupt Ministry of Justice officials, was able to mislead the Director of Public Prosecution into reversing the AGF’s directive and reinstated the trial by the police.
Again, on November 15, 2021, after Ministry officials took over the trial on the directive of the AGF, the directive was again reversed based on IGP Arase’s influence.
EFCC arraigns suspects based on trumped up charges
Meanwhile, the EFCC, following the conclusion of its investigations, decided, in July 2018, to arraign the suspects.
However, rather than arraign all eight suspects it found culpable of the crime, it opted for only two (Onny Igbokwe and Princess Kama).
Curiously, the EFCC’s arraignment of the two suspects was not based on the facts adduced by the petitioner in his petition about the forgery of his company’s document dated December 18, 2012.
The anti-graft agency charged the suspects based on a trumped up non-existent document dated December 14, 2012 produced by its Prosecutor, Jude Obozuwa.
Joseph said despite several letters to the EFCC by his lawyers pleading for the correction and amendment of the obvious discrepancies in its charges against the suspects that were not part of his complaint and not covered by its investigations were ignored by its Prosecutor. To ensure he did not consciously join the anti-graft agency to further compromise his case,Joseph said he heeded his counsel’s legal advice not to testify so as not to inadvertently use his hands to tie a noose around his neck for the hangman.
Consequently, as was suspected by his legal team, Joseph said Justice Danlami Senchi, then presiding judge of the High Court of the Federal Capital Territory, Jabi, Abuja,in his ruling on the matter, relied on the deliberate contradictions and non-diligent prosecution by the EFCC to discharge and acquit the suspects, while imposing a controversial N20m fine against the businessman, who was neither a party to the case, nor allowed to join in testifying as interested party.
Fagbemi ordered withdrawal of charge against petitioner
On February 5, 2024, the current AGF, Lateef Fagbemi, SAN, based on another petition by the businessman, directed the IGP to order the Police Prosecutor, DCP Simon Lough, to withdraw the charge and terminate the trial. Lough ignored the AGF’s directive, despite several reminders.
However, on June 21, 2024 Justice Peter Kekemeke not only terminated the trial, he also discharged and acquitted the businessman after nine years of trial.
Fagbemi reinstated Fiat to Falana to try suspects
Prior to Joseph’s acquittal by the court, Fagbemi had restored the Fiat earlier donated to Lagos lawyer, Femi Falana, a senior advocate of Nigeria (SAN) to prosecute the suspects on behalf of the Federal Government.
The Fiat was previously granted by former AGF Malami, but later withdrawn in controversial circumstances.
Consequently, on November 28, 2024, Falana proceeded to file a 15-count charge at the High Court of the FCT, Abuja against 13 suspects alleging criminal misappropriation of the sum of N162.3 million in account No. 0059202675 domiciled in Access Bank PLC, being proceeds of a FIRS Abuja contract awarded to Citadel Oracle Concepts Ltd for the supply of laptops, which was fraudulently diverted and payment received in the name of Citadel Oracle Concepts Ltd without its consent.
Suspects questioned AGF’s powers
Prior to the commencement of hearing on the matter before FCT High Court 16, Bwari presided by Justice AO Ebong, the suspects filed a counter application to question the powers of the AGF to restore the Fiat to Falana.
At the end of the legal debate, the court gave a ruling in the suspects’ favour.
With the court ruling, the suspects rushed to the Nasarawa State Chief Magistrate Court, Kauru to exhume an application for a charge for alleged criminal defamation against Joseph and MEDIATRACNET seeking an order to restrain further publications about the fraud matter.
The application was originally before the Chief Magistrate of the Nasarawa State Magistrate Court, Karu, presided over by Justice Vincent Gwahemba.
Okutepa had asked the Chief Judge of Nasarawa State to look into the matter and mete out severe sanctions against the Chief Magistrate, Vincent W. Gwahemba, for issuing a warrant of arrest and detention without a formal charge against the Managing Director/Chief Executive Officer of Citadel Oracle Concepts Limited, Benjamin Joseph, over a purported criminal defamation complaint filed by Zinox Technologies Limited.
Okutepa said Joseph, is who had been standing trial at the FCT High Court for several years over a similar charge instigated against him by Zinox Technologies Limited, was violently abducted by the police and whisked away on January 25, 2024, within the premises of the FCT High Court, Abuja and detained overnight at the Special Anti-Robbery Squad (SARS) Headquarters, Abuja, before being taken to Karu the next day for trial.
Okutepa said despite the plea from his chambers for Joseph to be released pending his proper arraignment, the insistence by the Chief Magistrate to continue with the trial left no one in doubt that he was acting under the yoke of some unseen influences that compromised his capacity to exercise his judicial powers without biases.
Besides, he said the Chief Magistrate’s decision to order Joseph’s detention in Lafia outside his jurisdiction constituted professional misconduct that should be thoroughly investigated by the State Chief Judge, to dispel the notion that judicial officers in Nasarawa State were in the habit of acting unethically and unprofessionally.
Based on the petition by Okutepa, SAN, the Nassarawa State Judicial Commission upon the conclusion of its investigation, which indicted the Magistrate, on January 30,2024, imposed sanctions by suspending him from office for gross misconduct and abuse of his magisterial powers.
Nasarawa a familiar place for criminals
The suspects in the criminal enterprise appeared to have found comfort in the prevalence of Judicial misconduct and abuse of magisterial powers among Magistrate courts in Nasarawa State.
Prior to Gwahemba’s indictment and suspension from office, Mathew Burkaa, a senior advocate of Nigeria (SAN) and legal counsel to the suspects had, on December 8, 2022, written to MEDIATRACNET to demand a retraction of the series of reports on its platform against his clients and publish an apology within seven days, or be made to pay for exemplary damages, including N10bn for defamation.
Burkaa had accused the publisher of MEDIATRACNET, Bassey Udo, “false and criminal defamatory publications” against Zinox Technologies Limited. A warrant of arrest was later issued against the reporter by the judge of Mararaba Gurku High Court 1, DD Adeck,
Despite lacking the territorial jurisdiction to entertain the case, Adeck insisted on the trial in the matter.
Pleas by the legal counsels to MEDIATRACNET, Tosin Ojaoma Esq and Olatunde Ojaomo Esq, for the Judge to either quash the proceedings of the Magistrate Court, Karu, or transfer the case to a court of competent jurisdictions, were dismissed.
An appeal on the ruling was still pending when counsels to the suspects returned to the court in Karu, Nasarawa State to exhume suit No. CMR/17/2024 following the judgment they procured from the FCT High Court, Bwari against AGF Fagbemi’s decision to reassign the Fiat to Falana for the trial of the suspects.
Judge recused self from trial
Interestingly, the Chief Magistrate of the court, Mairiga Abdullahi, Esq., at the commencement of hearing opted to recuse himself from presiding over the case.
In a bench ruling on August 11, 2025, Abdullahi said in doing so, he would transfer the case files to the Chief Justice, Nasarawa State, for reassignment to a special court.
The certified true copy of the Absullahi’s ruling obtained by our reporter read: “I have taken a close perusal on the two matters and I discovered uncompromised positions of counsels in the matters. The matter has suffered inordinate adjournments, leading to a series of petitions and counter-petitions either against the court or parties themselves. After careful consideration, I am of the view that I will recuse myself and transfer the files to the Chief Justice, Nasarawa State for reassignment to a special court that will try the matters henceforth.”
Joseph sues Zinox for N200m
Following the ruling, Joseph and MEDIATRACNET on August 28, 2025 filed a N200 million suit No. ND/MG 649/2025 at the Maraba Judicial Division of Nasarawa State High Court against the Inspector General of Police, Attorney General of Nasarawa State, Nasarawa State Judicial Service Commission and Zinox Technologies Ltd for alleged human rights violations.
Counsel to the applicants, Onyemaechi Bob James, Esq., said the suit anchored on Originating Motion On Notice under Order 2, Rule 2 of Fundamental Rights Enforcement Procedure Rules 2009 sought, among other reliefs “a declaration that the threat by Zinox Technologies Ltd to file a fresh criminal complaint in a court in Nasarawa State against his clients in respect of dispute between them was a violation of their right to freedom from inhuman and degrading treatment guaranteed by Section 34(1) (a) of the 1999 Constitution as amended”.
Other reliefs sought included: A declaration that any further arrest or arraignment of the applicants at the instance of Zinox Technologies Ltd. in any court in Nigeria or by the agents of the IGP in respect of the subject matter of charge No. CMR/17/2024 constitutes a violation of the applicants right to fair hearing, personal liberty and freedom from inhuman and degrading treatment guaranteed under Section 34 (1), 35 (1) and 36 (1) of the 1999 Constitution as amended.
In particular, James said the suit further sought for the court’s declaration that any further arrest, police invitation, arraignment or trial of Joseph in respect of the facts or subject matter of suit No. FCT/HC/CV/1680/17 pending in the FCT High Court, Suit No. LD/4335/14 pending in Lagos High Court, Case No. CR/985/2024 now pending in the Court of Appeal Abuja was a violation of his right to fair hearing, freedom from inhuman and degrading treatment as well personal liberty guaranteed by S.34 (1), 35 (1) and 36 (1) of the 1999 Constitution as amended.
Also, a declaration that any further reassignment of case No. CMR/17/2024 to any court in Nasarawa State by the Hon. Chief Judge of Nasarawa State for the commencement de novo of the said case against the applicants was a violation of their right to fair hearing, personal liberty and freedom from inhuman and degrading treatment guaranteed under 5 34 (1), 35 (1) and 36 (1) of the 1999 Constitution as amended.
The orders sought included for perpetual injunction restraining Zinox Technologies Limited from initiating, prosecuting charge No. CMR/17/2024 in any court in Nigeria or laying any fresh criminal complaint in any court in Nigeria in respect of the facts or subject matter of case No. CMR/17/2024; perpetual injunction restraining the IGP, his agents, privies or officers from entertaining any complaint or inviting, arresting or arraigning the applicants in respect of the facts/subject matter of case No. CMR/17/2024 or any other allegation arising from the dispute between the applicants and Zinox Technologies Ltd. in various courts in Nigeria, and perpetual injunction restraining any servant, agent, magistrate or other judicial officer in the service of the Nasarawa State Judicial Service Commission from entertaining case No. CMR/17/2024 or any other criminal complaint from the 1st, 2nd or 3rd respondents at the instance of the 4th respondent in respect of the subject matter.
Consequently, the applicants demanded for N200 million as damages for violation of their fundamental right to personal liberty and for the respondents to criminalize a purely civil transaction.
