By Bassey Udo
Barring any last minute drama, like the case in November 2022, the long-awaited trial of the chieftains of Zinox Group, along with its affiliate, Technology Distributions Limited (now TD Africa) and their allies as suspects in alleged N170.3m contract fraud in 2012 is finally set to begin today at the Federal Capital Territory (FCT) High Court 16 Bwari presided by Justice AO Ebong.
Previously, the trial of the high profile suspects was originally scheduled for November 22,2022. But just as the FCT High Court, Apo presided by Justice CO Obah was getting set to commence the day’s proceedings, a letter signed by the Director of Public Prosecution (DPP) purportedly approved by the then Attorney General of the Federation and Minister Of Justice, Abubakar Malami, suddenly surfaced in court directing the withdrawal of the Fiat earlier granted human rights lawyer, Femi Falana, a senior advocate of Nigeria (SAN) to prosecute the suspects.
Also, the letter ordered Falana to withdraw the 17-count charges earlier filed against the suspects and terminate their prosecution.
The presiding justice relied on the Ministerial directive to strike out the case and give the suspects a safe passage over the crime before the law.
Since the restoration of the powers to Falana to continue the prosecution and his subsequent filing of fresh 15-count charge before the High Court of the FCT, Abuja, the suspects, who have devised various schemes to evade justice, have continued to avoid being served with the summons of the court for them to appear.
Chairman of Zinox Group, Stan Leo Ekeh, who is one the key suspects listed for arraignment, has continued to dismiss his alleged involvement and charges against him on claims that he is yet to be served with the relevant court documents.
On Wednesday, a court official (bailiff) who showed up at his known address at No. 20 Port Harcourt Crescent, Garki, Abuja, to deliver the legal processes meant for him again left frustrated after a long wait outside the gate. Mr Ekeh claimed he neither lives nor works in Abuja.
The high profile suspects
A copy of the Charge sheet, No. FCT/HC/CR/985/24, obtained by our reporter on December 23, 2024 in Abuja, listed the suspects slated for trial to include the Chairman of Zinox Group, Leo Stan Ekeh; his wife, Chioma, who is also the Managing Director of TD Africa, as well as the Legal Adviser/Company Secretary, Zinox Group and TD Africa, Chris Eze Ozims.
The charge contained in an application filed on November 28, 2024 at the High Court of the FCT, Abuja by Lagos human rights lawyer, Femi Falana, a senior advocate of Nigeria (SAN), also listed other suspects to include the Chairman of the Board of TD Africa, Prof. Anya O. Anya, who is also the pioneer Chief Executive Officer of the Nigerian Economic Summit Group (NESG) and distinguished Professor of Zoology and Life Sciences at the University of Nigeria, Nsukka, along with a former Non-Executive director in TD Africa, Folashade Oyebode; an Accountant with TD Africa, Charles Adigwe, and Obilo Onuoha and Agartha Ukoha, both staff of Access Bank PLC. The Managing Director/Chief Executive Officer of Ad’mas Technologies Limited and Pirovic Engineering Services Limited, Onny Igbokwe, is also listed along with Femi Dosunmu and Nnenna Kalu as co-defendants, while Zinox Technologies Ltd, Ad’mas Digital Technologies Ltd and TD Africa are corporate entities also listed for trial in the case.
Details of the charge
The highly influential and widely connected top officials are among 13 suspects accused of aiding and abetting the criminal misappropriation of the money involved in the sensational N170.3 million Federal Inland Revenue Service (FIRS) contract allegedly awarded in 2012 to one Mr. Benjamin Joseph, the Managing Director of an Ibadan-based ICT retail firm, Citadel Oracle Concepts Ltd.
Specifically, Eze Ozims and Folashade Oyebode were accused of opening a fake account in Access Bank using forged documents that made them directors of Citadel Oracle Concepts Ltd and used to commit the fraud, while Obilo Onuoha was accused of facilitating the opening of the fake account with Access Bank without due diligence.
The trial is coming despite concerted attempts by the suspects, using their network of high-level official connections, to thwart and frustrate their prosecution after the Force Criminal Investigations and Intelligence Bureau (FCIIB) concluded its investigations since 2014.
In its investigative report dated September 26, 2014, the police said it found sufficient reason to believe the suspects were culpable in the crimes of “forgery, conspiracy, impersonation and fraud” and therefore liable to being charged to court. But their prosecution was stalled for years, because the police refused to release the case file to the Directorate for Public Prosecution (DPP). Rather the police decided, in controversial circumstances, to institute a one-count charge of false-petitioning against the nominal complainant.
Falana gets nod to prosecute suspects
After years of delay, the former Attorney General of the Federation (AGF), Abubakar Malami, approved a November 2018 request by Mr. Falana for a Fiat to prosecute the suspects.
On September 9, 2022, Falana filed a 17-count charge against the suspects in suit No. FCT/HC/CR/469/2022 at the FCT High Court, Maitama, Abuja.
Curiously, on Tuesday, November 8, 2022, when the suspects were to be arraigned, Justice CO Oba of the FCT High Court, Apo, called off proceedings at the last minute based on a directive conveyed in a letter purportedly by AGF Malami to Falana withdrawing the powers earlier granted him to prosecute the suspects.
The directive was pursuant to the power conferred on the AGF by Section 174 (1)(c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), to halt the proceedings on any criminal case prior to judgment in the public interest.
Following the appointment of Lateef Olasunkanmi Fagbemi as the AGF in 2023, the Fiat authorising Falana to prosecute the suspects, which was earlier withdrawn, was restored.
The restoration of the Fiat, following a review of the trial case file, was equally in the exercise of AGF’s powers under Section 174(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which empowers to intervene and terminate any case at any time if, in his judgment, there are sufficient reasons to suspect a possible miscarriage of justice against the accused.
Falana’s 15-count charge against suspects.
On November 28, 2024, Falana filed a 15-count charge at the High Court of the FCT, Abuja between the Federal Republic of Nigeria, as complainant, and the 13 suspects (as defendants) over allegations of criminal misappropriation of the sum of N162.3 million in account No. 0059202675 domiciled in Access Bank PLC, being proceeds of a FIRS headquarters, 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. The amount did not include about N8m deducted by the Central Bank of Nigeria (CBN) as value added tax (VAT) in respect of the full value of the controversial contract.
