By Bassey Udo
The Deputy Commissioner of Poli (DCP) Simon Asamber Lough, who, for more than 10 years, frustrated the prosecution of suspects in the N170.3million Federal Inland Revenue Service (FIRS) contract fraud, is among seven top police officers to be investigated over alleged unethical professional conduct bordering on falsification of service records.
The Police said other affected officers include Idowu Owohunwa, an Assistant Inspector General, who is the Head of Interpol in Nigeria, along with his colleagues, Abdul Yari, and Benneth Igwe.
Peter Ukachi Opara and Obo Obo Ukani, both Commissioners of Police, and Akpan Brown, an Assistant Commissioner of Police, are also expected to face the probe for similar offences.
The order for the immediate and thorough investigation of the officers was contained in a memo dated January 13, 2025, signed by the Force Secretary, Olofu Rhoda, an Assistant Inspector-General of Police, and sent to the head of the Inspector General of Police Monitoring Unit in Abuja, constituted to enforce discipline in the force.
In the memo, the police high command headed by the Inspector-General of Police, Kayode Egbetokun, accused DCP Lough and the other six senior police officers of engaging in unethical professional conducts bordering on “backdating their history records”.
Sahara Reporters, which first reported the story, said the probe order followed a petition dated January 6, 2025 by a civil society group, the Integrity Youth Alliance, Abuja that the seven senior officers manipulated their service records to extend their tenure beyond their official period they were supposed to retire.
“The Inspector-General of Police directs you (IGP Monitoring Unit) to investigate and furnish findings not later than Monday, 20th January, 2025, please,” the reporter quoted the memo by AIG Rhoda.
Other petitions against DCP Lough
On July 10, 2023, The Managing Director/Chief Executive Officer of Citadel Oracle Concept Limited, Benjamin Joseph, wrote to the Chairman of the Police Service Commission, Abuja to request for details of the service records of DCP Lough said to have enlisted in the Nigeria Police Force with No. 57917.
Joseph, who said his request was pursuant to the provisions of the Freedom of Information Act 2011, which empowers citizens to demand official information about public officials/agencies and their activities, said he was seeking clarification and confirmation of the authority that empowered DCP Lough to remain in the public service as a police officer for 18 months after January 8, 2022.
He said information in the public domain available to him showed that DCP Lough, who enlisted in Th Nigeria Police Force on January 8, 1987, should have left active service on January 8, 2022 after attaining the mandatory 35 years in service.
In November, 2021, Joseph also petitioned the Chief Justice of Nigeria (CJN), who is the Chairman of the Legal Practitioners Privileges Committee (LPPC), to demand the investigation of DCPP Lough, who was then being shortlisted for the award of Senior Advocate of Nigeria (SAN).
Joseph had accused DCP Lough of professional misconduct through his malicious prosecution and wilful concealment vital evidence of vital evidence in charge No. CR/216/16 over alleged false petitioning preferred against him by the police.
He accused DCP Lough of acting as agent to the suspects in the fraud he reported to the police about, who were investigated and found to have committed the crime and liable for prosecution. But rather than prosecute the suspects, Joseph said DCP Lough intentionally suppressed vital evidence in documents filed against them. No official response was given too the petition before DCP Lough’s investiture as SAN.
Contradictions in public service records
Also, Sahara Reporters said DCP Lough service records in the public domain contradict his claims by the police that he joined the Force as a Cadet in 2000, more than 13 years later his official data.
For instance, in December 2021, DCP Lough was celebrated by the police as the first Nigerian police officer to be admitted to the Inner Bar of the Nigerian legal system as a Senior Advocate of Nigeria (SAN).
The former Force Public Relations Officer, Frank Mba, had hailed DCP Lough, then an ACP and the Head of Chambers, Legal Section of the Nigeria Police Force (NPF), over the rare achievement.
Mba said DCP Lough was “appointed as a cadet officer (ASP) into the service of the Nigeria Police Force in the year 2000. “
Chapter Two, Rule 7 (020810) (i) of the Public Service Rules (PSR) stipulates that the compulsory retirement age for all grades in the Service shall be 60 years, or 35 years of pensionable service, whichever is earlier.
Also, Rule 7 (ii) stipulates that; “No officer shall be allowed to remain in service after attaining the retirement age of 60 years, or 35 years of pensionable service, whichever is earlier.”
Meanwhile, in an interview with the immediate past Chairman of Young Lawyers Forum, Adekunle Olanipekun, DCP Lough claimed he was called to the Nigerian Bar on January 1, 2001.
Sahara Reporters quoted official records with the general nominal roll of the legal section of the Federal Criminal Investigation and Intelligence Department, Abuja, which showed that DCP Lough, who claimed he was born on May 14, 1969, enlisted in the Nigeria Police Force in January 1, 1987, with his retirement date of January 1, 2022.
The Nominal Roll for Cadet ASP (Force Entrants) for Cadet ASP Course 20/2000-2001 at Police Staff College, Jos, Plateau State, obtained by Sahara Reporters, showed DCP Lough listed then as Sergeant on Grade Level 05.
If this record is anything to rely on, indications are that DCP Lough should have exited the service of the police more than 36 months ago.
Shielding suspects; persecuting petitioner
Curiously, at the period DCP Lough should have retired from active service with the police, he was busy helping suspects in the N170.3m FIRS contract fraud escape justice, while pursuing a controversial one-count charge of false petitioning preferred against the MD of Citadel Oracle Concept Ltd., Benjamin Joseph.
In October 2013, Joseph petitioned the then IGP over a fraud he discovered was committed against his company by some top officials of Zinox Group and its affiliate, Technology Distributions Limited in connivance with their allies.
Joseph said the fraud involved a N170.3 million contract awarded to his company by the FIRS to supply laptops in 2012, which was hijacked and illegally executed by the suspects, and its proceeds shared, without his knowledge and consent, while the appropriate tax was not remitted to the government.
He accused the suspects, including the Chairman of Zinox Group, Leo Stand Ekeh, and his wife, Chioma, of conniving with Access Bank PLC officials to use his company’s corporate profile obtained from bank to commit the fraud.
Apart from the suspects appointing themselves signatories of a fake account No. 0059202675 opened in his company’s name at Access Bank, Joseph said the suspects forged his company vital documents, including a board resolution dated December 18, 2012, bearing a caricature of his signature.
The other suspects included the Legal Adviser/Company Secretary, Zinox Group and Technologies Distributions Limited (now TD Africa), Chris Eze Ozims; a former non-executive director in TD Africa, Folashade Oyebode; the Accountant with TD Africa, Charles Adigwe; the Managing Director/Chief Executive Officer of both Ad’mas Technologies Limited and Pirovic Engineering Services Limited, Onny Igbokwe, and his accomplice, Princess O. Kama, along with two staff of Access Bank PLC, namely Obilo Onuoha and Deborah Ojeabo.
Police stalled the prosecution of suspects
The police said at the end of its investigations that it found the suspects culpable and recommended they be charged for “forgery, conspiracy, impersonation and fraud”.
But the arraignment and prosecution of the suspects was stalled, because DCP Lough, who was the police prosecutor, refused to release the case file to the office of the Attorney General of the Federation.
Frustrated by DCP Lough’s conduct, Joseph petitioned the then DIG of Police in charge of the Force Criminal Investigation Bureau (FCIB), Solomon Arase. Yet, DCP Lough refused to release the case file.
Joseph again petitioned Arase after he became the IGP. Still DCP Lough was not persuaded to release the case file. Rather in June 2016, shortly before his retirement, Arase ordered that Jospeh be arraigned and tried on a one-count charge of “false petitioning” in case No CR/216/16. DCP Lough was the prosecutor, while the suspects were drafted as witnesses.
In December 2016, the AGF, after protests by Joseph, took over the prosecution of the case by the police and directed DCP Lough to release the case file and hands off case. But he refused.
Rather DCP Lough instigated one Innocent Eremionkhale of Integrity Law Firm, to file a petition against the directive by the AGF. The petition was engineered by the then director, International and Comparative Law in the Federal Ministry of Justice, Stella Anukam, whom Joseph accused of using her position to misinform the AGF into reversing himself on his earlier directive.
In 2021, the AGF again directed the DPP to take over Joseph’s prosecution by the police before Justice Peter Ekekemeke of the FCT High Court, Maitama, describing it as “unjustified persecution.” Again, DCP Lough refused to release the case file.
However, in June 2024, Justice Kekemeke, on the intervention of the AGF, discharged and acquitted Joseph of the charge. The acquittal followed the directive by the new AGF and Minister of Justice, Lateef Fagbemi, senior advocate of Nigeria (SAN), who entered a nolle prosequi to terminate further prosecution of the case by the police after reviewing the case file.
the intervention of the AGF, DCP Lough still went ahead to instigate six of the suspects in the case to file an originating motion in suit No FHC/ABJ/CS/376/2024 seeking an order for an interlocutory injunction to restrain the AGF from giving the order and for the court to direct that the status quo be maintained, to allow him continue the prosecution. Ruling in the case is expected later next month.
In February 2021, two of the suspects – Onny Igbokwe and Princess Kama – were “discharged and acquitted” in controversial circumstances by Justice Danlami Senchi, then presiding judge of the High Court of the Federal Capital Territory, Jabi, Abuja in case No. CR/244/2018.
The duo, who were among seven suspects the EFCC was to prosecute over their involvement in the crime, were discharged and acquitted of the four-count charge after the anti-graft agency pursued a non-diligent prosecution that claimed the alleged forgery was based on a non-existing document dated December 14, 2012 contrary to Joseph’s petition which said it was based on a document dated December 18, 2012.
