It will be recalled that Joseph, in his statement on oath in suit No: LD/4335/2014 in the High Court of Justice, Lagos State, dated 28th June, 2019, averred that his company, Citadel, did not execute any contract with FIRS and that he was not aware that a contract had been awarded to Citadel.

In his deposition under oath, Joseph claimed that Citadel, “did not at any time execute any contract for the FIRS and neither did the 2nd defendant (Princess O. Kama) who is its agent in respect of the contract it bid for with the FIRS deliver/release any documents to the Claimant (Citadel) indicating that the contract it bid for, or any other contract was awarded to it by the FIRS or any other body.”

However, a letter from the FIRS addressed to the chamber of Afe Babalola & Co dated 11th February 2014 (FIRS/PD/GDS/2559) and signed by one Idrissa Kogo, Head Legal Department, stated: “Contrary to your client’s claim that they knew nothing about the execution of the contract awarded to them and that they did not receive any payment for the execution of the contract, our record reveals otherwise.

“Your client instructed FIRS through a letter dated 13th December 2012 to deal with Princess O. Kama (Your client’s agent) in relation to the contract. Through three separate letters dated 20th December 2012, your client instructed FIRS to pay to the client’s account with Access Bank plc. Please note that FIRS acted in compliance with your client’s instruction and with due diligence,” the FIRS letter stated.

The FIRS letter was a response to inquiry by Afe Babalola Chamber, lawyers to Citadel Oracle Concept Ltd and its MD, Mr. Benjamin Joseph, at that time.

Spokesman for Zinox, Mr. Chimezie Orisakwe, when contacted, confirmed the letter, stressing that the document from FIRS was actually in response to inquiries by the chamber of Afe Babalola SAN, who was Joseph’s first lawyer.

“Mr. Joseph had been presenting the story in a manner that portrays him as the victim in a business relationship, but it was apparent that he did not give full disclosure to the chamber of Afe Babalola, who had to write the FIRS to get a proper brief on the matter. I want to believe that the disclosure from FIRS which rubbished all the depositions of Joseph and exposed him as a perjurer must have informed the withdrawal of the highly respected Afe Babalola from the case. Interestingly, this letter has already been filed in Suit No. LD/4335/2014, the civil case at the Lagos State High Court.

“More curious is that Mr. Benjamin Joseph, in his Witness Statement on Oath in the said civil case, admitted that he gave the corporate documents of Citadel Oracle Concept Ltd and a letter of authorisation to Princess Kama, his staff, dated 13th December 2012, in respect of the FIRS contract. This, therefore, contradicts his present claim that his corporate documents were forged to open the bank account”, Mr. Orisakwe added.

The Zinox spokesman expressed shock that Femi Falana would include Zinox in his purported fiat/charges, even when the company has nothing to do with the transaction or allegations.

He said:

“Zinox has never been invited by any investigative agency, including the police and the EFCC, on the so-called allegations. There is no report either by the police or the EFCC or any investigative agency where the name of Zinox was mentioned as a suspect. There is no judgment or ruling of any court where Zinox was mentioned as having anything to do, whatsoever, with the transaction or the allegations, the basis of the fiat/charges. Mr. Leo Stan Ekeh, the Chairman of Zinox, has never made any statement to the police in the course of any investigations and has never been mentioned in any court proceedings or judgment as part of any investigations relating to these allegations.”

Orisakwe cited instances in which Mr. Joseph lost the case and its allied suits. In a petition/case Mr. Joseph reported since 2013 and for which the Inspector General of Police charged him for false information in charge no.CR/216/16, the Zinox spokesman said Mr. Joseph was unable to prove his case.

He recalled that in another case filed by the EFCC at his instance against his partner, Princess O. Kama, in charge no. FCT/HC/CR/244/2018,  Honorable Justice Danlami Z. Senchi of the FCT High Court (as he then was), dismissed as false all the allegations made by Benjamin Joseph, and imposed the sum of N20 million as damages against him for false petitioning in relation to these same allegations.

The Zinox spokesman alleged that the current charges said to have been filed by Falana on the basis of a fiat from the Attorney General is the third in a row as he had earlier filed charge no.CR/469/2022, which was struck out by Honourable Justice C. O. Oba of the FCT High Court, by an order dated 8th November 2022.

“He filed the same charges before Honorable Justice A. S. Adepoju of the FCT High Court, and the charges were, once more, struck out by the Honourable Court on 19th March 2024, with Honorable Justice Adepoju holding that: ‘This matter was brought in dead, extinct and should be confined into the dustbin of history…I hold that the instant suit is an abuse of the process of court and it is hereby struck out accordingly,’ Orisakwe said.

He expressed shock that a “learned Senior Advocate in the person of Femi Falana, would, yet, proceed to file the same charges before Honourable Justice A. O. Ebong of the FCT High Court in charge no. FCT/HC/CR/985/24 in November 2024.”

According to the Zinox spokesman, “It is very clear that the deliberate intention for instituting this new charge by Femi Falana SAN, to include the name of Zinox and its Chairman and other persons who were never part of the investigations, is to embarrass them, harm their reputation, and thereby damage their businesses.”

Meanwhile, when the case came up on 9th January 2025, the lawyers to Zinox and Technology Distributions filed Preliminary Objections boldly challenging the jurisdiction of the court over the case and the appearance of Falana, on the ground that the purported Fiat was legally wrongful and defective, and ought not to have been granted to Mr. Femi Falana SAN, in the first place.

This, thus, robs the court of jurisdiction because the case is brought on the basis of the Fiat, and if it is shown that the Fiat is defective and invalid, the court cannot exercise its jurisdiction over the case.

In the light of this development, Mr. Falana asked the court for an adjournment to enable him respond to the Preliminary Objections.

The court consequently adjourned the case to 3rd March 2025, to hear the Preliminary Objections and any other pending application. From a legal perspective, the issue of jurisdiction must first be determined by the court before any other step can be taken in the case, including the plea of the defendants.

This was the reason for the absence of the defendants in court on the said January 9 2025, especially as the individual defendants were yet to be served the court papers.

In a statement on Sunday, Zinox referenced recent news items in the media relating to certain charges filed by  Falana, purporting to act on a fiat donated to him by the Attorney General and Minister of Justice of the Federal Republic of Nigeria, Mr. Lateef Fagbemi SAN, whom Zinox said may not have been properly briefed.

“We are sure that if the circumstances of this case were made available to the respected Honorable Attorney General, Lateef Fagbemi SAN, he would not have granted the purported fiat to Femi Falana,” Zinox said in the statement.

In the news reports, Falana was said to have filed a suit before Honorable Justice A. O. Ebong of the FCT High Court in charge no. FCT/HC/CR/985/24 in November 2024, a suit Zinox said was based on the same claims which various courts had in the past dismissed as falsehood and baseless.

“Our initial reaction was to ignore these publications as the usual campaigns of calumny that have been orchestrated against Zinox since 2014 by one Mr. Benjamin Joseph, the Managing Director of Citadel Oracle Concept Ltd, the client of Mr. Femi Falana SAN. However, we are persuaded to respond by the consideration that once falsehood is sustained over time, it tends to acquire the garb of truth.”

Zinox said the case arose from a contract between Citadel and Technology Distributions Limited over the supply of computers to the Federal Inland Revenue Service (FIRS), stressing that the matter has no bearing whatsoever with Zinox and its promoter, Mr Leo Stan Ekeh.

“Firstly, we are shocked that Femi Falana would include Zinox in his purported fiat/charges, a company that has nothing to do with the transaction or allegations. For the records, we want to state as follows:

“Zinox has never been invited by any investigative agency, including the police and the EFCC, on these allegations. There is no report either by the police or the EFCC or any investigative agency where the name of Zinox was mentioned as a suspect. There is no judgment or ruling of any court where Zinox was mentioned as having anything to do, whatsoever, with the transaction or the allegations, the basis of the fiat/charges. Mr. Leo Stan Ekeh, the Chairman of Zinox, has never made any statement to the police in the course of any investigations and has never been mentioned in any court proceedings or judgment as part of any investigations relating to these allegations. Indeed, he has never met with Benjamin Joseph before,” the statement said.

Zinox cited instances in which Mr. Joseph lost the case and its adjunct suit. In a petition/case Mr. Joseph reported since 2013 and for which the Inspector General of Police charged him for false information in charge no.CR/216/16, he was unable to prove his allegations for more than 8years.

In another case filed by the EFCC at his instance against his partner, Princess Kama, in charge no. FCT/HC/CR/244/2018, Honorable Justice Danlami Z. Senchi of the FCT High Court (as he then was), dismissed as false all the allegations made by Benjamin Joseph, and imposed the sum of N20 million as damages against him for false petitioning in relation to these same allegations.

Zinox alleged that the current charges said to have been filed by Falana on the basis of a fiat from the Attorney General is the third in a row as he had earlier filed charge no.CR/469/2022, which was struck out by Honorable Justice C. O. Oba of the FCT High Court, by an order dated 8th November 2022.

In what appears to be forum shopping and abuse of court process, “he filed the same charges before Honorable Justice A. S. Adepoju of the FCT High Court, which charges were, once more, struck out by the Honorable Court on 19th March 2024, with Honorable Justice Adepoju holding that:

“This matter was brought in dead, extinct and should be confined into the dustbin of history…I hold that the instant suit is an abuse of the process of court and it is hereby struck out accordingly,” the statement said.

Zinox said it was shocked that a “learned Senior Advocate in the person of Femi Falana, would proceed to file the same charges before Honorable Justice A. O. Ebong of the FCT High Court in charge no. FCT/HC/CR/985/24 in November 2024.”

The statement said: “It is, therefore, very clear that the deliberate intention for instituting this new charge by Femi Falana SAN, to include the name of Zinox and its Chairman and other persons who were never part of the investigations, is to embarrass them, harm their reputation, and thereby damage their businesses. In the circumstance, we hereby demand a public apology from Mr. Femi Falana SAN, if he is unable to produce the evidence demanded above.

“We, therefore, assure all our business partners, stakeholders, and friends, that we are not ruffled by these spurious allegations. While our lawyers are set to defend the present charges purportedly filed by Femi Falana SAN, we shall not fail to explore all legal remedies against persons associated with orchestrating these false allegations and publications against us,” Zinox said.

Ekeh said he was shocked that Femi Falana (SAN), counsel to Benjamin Joseph of Citadel Oracle Concepts Ltd, an Enugu indigene based in Ibadan, has continued in the old school of media trial in the same case he withdrew last year after he “misled” the former Attorney General of the Federation, Mr. Abubakar Malami to issue him a Fiat.

He said:

“A few friends mentioned it to me a few days back. I was really shocked that Femi Falana (SAN) still continues in this old school of media trial in the same case he shamefully withdrew last year after he misled the former Attorney General of the Federation, Mr. Malami SAN, to issue him a fiat. A few days after Mr. Malami issued the Fiat, he discovered that Mr. Falana misled him by hiding material facts without disclosing to him that there was already a judgment by Hon. Justice Danlami  Senchi of the FCT High Court in Charge  No. FCT/HC/CR/244/2018 against his client on the same case with N20m damage imposed on his client, Mr. Benjamin Joseph of Citadel Oracle Concepts Ltd, for false petitioning and to serve as a deterrence against others who waste taxpayers’ money incurred in investigating spurious petitions.

“Falana also did not inform the Attorney General that he is the lawyer acting for Benjamin Joseph who filed a motion to appeal the N20m damages. Mr. Malami was also upset that Femi Falana didn’t actively disclose the fact that Benjamin Joseph was still facing a criminal case instituted against him by the Inspector General of Police in another court in Charge No.CR/216/16 before Honourable Justice Peter Kekemeke of the FCT High Court Abuja, for false information on the same facts, which his client Benjamin Joseph, was unable to defend for over 8 years.  Instead, Mr Joseph was avoiding the court for flimsy reasons. The same Attorney General – Mr. Malami, had instructed that the criminal case against Benjamin Joseph should not be withdrawn but must be prosecuted to a logical conclusion, as contained in 3 separate letters to the Inspector General of Police after Benjamin Joseph had begged Mr. Malami to stop his trial.”

Ekeh expressed his respect for Falana but stressed that “this case should instruct him to unlearn a few things in his practice. Times have moved from analogue to digital. There are new kids on the block. It is difficult for me to agree that Falana, as an experienced lawyer, parent, husband to another distinguished SAN, could not differentiate between corporate and individual personalities.

He listed Zinox, myself, and even retired non-Executive Directors of Technology Distributions Ltd as defendants, persons who have never been included in any investigation and report since this case started in 2013 just to make his media trial appear important.”

He wondered:

“When serious matters of law became a show business. Every mature Nigerian knows the relationship between Falana and Sahara Reporters. It’s instructive to note that as we speak, the new suit filed by Falana has not been served on me or any of the defendants, to the best of my knowledge. However, Falana had rushed to the media, using Sahara Reporters to splash it as ‘Breaking News’ just to achieve the set objective of his client, Benjamin Joseph.”

The Zinox boss said:

“It is clear that they do not have confidence in their case but simply want media publicity to harass and embarrass me, my wife, directors, and staff of my companies. It is regrettable that a Senior Advocate of Nigeria would be playing to the gallery instead of venting his case in court. You can see that Falana is doing everything to protect his client at all costs, a man who lied but later confessed in his Witness Statement on Oath in a civil case he filed at the Lagos State High Court, that he knew about the contract and gave Princess Kama (his partner) all personal and corporate documents needed for the FIRS contract.

“This shows that he has been lying all the while that he was not aware of the contract.  It is also to be noted that the FIRS, in a letter on February 11, 2014, to Chief Afe Babalola Chambers, stated that Benjamin Joseph knew about the contract and that he gave them a letter accepting the contract and appointing Princess Kama, his staff, as the authorised representative of Citadel on the contract and also that Citadel instructed the FIRS to pay the proceeds of the contract into the Access Bank account opened for that purpose. I should suppose that it’s part of the reason the respected Afe Babalola SAN technically withdrew from acting for Benjamin Joseph in 2014. But Femi Falana would rather continue in his intransigence to propagate the spurious claims of his client. As a counsel, it behoves him to properly advise his client not to tow a wrong path, especially when there’s a subsisting judgment that imposed N20 million damages against him for false petitioning.

“I am in tech business and will never dine with any alleged blackmailer as Benjamin Joseph appears to be acting out. I am sure Mr. Falana and the learned AGF of the Federation, Lateef Fagbemi SAN, both experienced lawyers, have not created time to read through this case file. If they did, then it is regrettable that the respected AGF would still grant another Fiat to Falana even after a similar Fiat was withdrawn from Falana by the former AGF over misrepresentation of facts. I doubt that the AGF, after withdrawing the criminal case against Benjamin Joseph in June 2024 to save him from possible imprisonment, would now issue a Fiat on behalf of the same Benjamin Joseph to file charges against the people he lied against. We cannot leave this country for people who dance to the gallery.

“We must fix it. Thank you, but please note that I have nothing against Falana and Co., but  if truly he secured a Fiat this year, which I doubt, we shall meet in court,” he said.

On three previous occasions, Mr. Joseph had appealed to the past Attorneys-General of the Federation to discontinue the said criminal proceedings against him but all the Attorneys-General refused his plea and rather directed the Police to prosecute him to a logical conclusion.

Their refusals are contained in the letters dated 10th February 2017, 7th May 2018, and 6th June 2022, addressed from the Office of the Attorney-General to the Inspector-General of Police.

• Although, he was visibly excited when the court acquitted him of the charges following the intervention of the Attorney-General, it is to be noted that the acquittal of Mr. Joseph was not on the merit of the case, as the trial was not concluded, and the court did not give a judgment of its own.

It was rather based on the prerogative of the Attorney-General in the exercise of his constitutional power to discontinue any case with or without reason.

• This is more so considering that a subsisting judgment was given by Honourable Justice Senchi of the FCT High Court in Charge No. CR/244/2018 which dismissed as false all the allegations made by Mr. Joseph against Technology Distributions, Access Bank, and other persons and imposed the sum of N20million as damages against him for false petitioning.

Despite the acquittal of Mr. Joseph which has saved him from a possible jail term, it still does not derogate from the judgment of Honorable Justice Senchi that had already found Mr. Joseph liable for false information.

Indeed, the acquittal was made in utter defiance of another subsisting order given on 14th June 2024 by Honourable Justice Inyang Ekwo of the Federal High Court Abuja in Suit No. FHC/ABJ/CS/376/2024, which had restrained all parties including the Honourable Attorney-General from tampering with the said Charge No. CR/216/2016 pending the determination of the suit before him.

Campaign of Calumny

What is very bewildering in the whole scenario is that Mr. Benjamin Joseph, since 2014, intensified a media campaign against Technology Distributions Limited and Zinox Technologies Limited who had nothing to do with the problem between him and his partner and representatives, Princess Kama and Chief Igbokwe.

He engaged the services of one Bassey Udo, the publisher of a relatively unknown online newspaper, Mediatracnet.

It is to be noted that the publications of Mediatracnet are all falsely skewed and biased in favour of Mr. Joseph because Zinox Technologies and its Chairman, Leo Stan Ekeh have taken court actions against the said Bassey Udo.

• He is, therefore, acting on a vendetta.  The paradox is that neither Zinox nor its Chairman was involved in the transaction.

Indeed, in the course of all the investigations, reports and judgments, there was nowhere Zinox was mentioned as being involved. Moreover, Mrs. Chioma Ekeh, the wife of Mr. Leo Stan Ekeh, has never been cited as a suspect or accused in all the Police reports, both from the SFU and the Police headquarters. Neither her nor her husband ever made any statements to the Police and were never invited.

Yet, all publications orchestrated by Mr. Joseph bear ‘Zinox’ as its title with the photograph of its chairman, Leo Stan Ekeh (and sometimes with his wife – Chioma Ekeh) prominently featured as if they had any personal dealing with Mr. Joseph and his company.

• Technology Distributions and Zinox Technologies are totally different companies with different shareholders, boards, and management.

More importantly, the judgment of Honourable Justice Senchi in the said Charge No. CR/244/2018 unequivocally stated that Technology Distributions and its staff were not liable for any fraud; that they were entitled to receive the proceeds of the laptops supplied on credit to Citadel which were delivered to the FIRS.

The judgment fully absolved Mr. Chris Eze Ozims and Shade Oyebode stating that they never acted as directors of Citadel but only as signatories to the account that received the proceeds of the FIRS contract, which was the only security for the laptops supplied on credit.

Moreover, the final Report by the Legal Department of the Police Headquarters on the matter dated 1st December 2020 absolved Technology Distributions and its said staff of any criminal liability and disclaimed as spurious a certain 2015 report of one Police Special Enquiry Bureau (SEB) headed by CP Olufemi Oyeleye and a certain 2015 report by the then Director of Public Prosecution, Mohammad Saidu Diri.

These so-called reports made in 2015 were disclaimed and discarded by the Police Legal Department in their said final report on 1st December 2020 because they were made based only on the petition and statement of Benjamin Joseph without giving an opportunity to the so-called suspects by way of invitation or extracting written statements from them.

How do you find a suspect liable without hearing from him after you heard only from his accuser?

Yet, these are the documents being paraded online by Mr. Joseph as having indicted the staff of Technology Distributions and the Chairman of Zinox, and some staff of Access Bank.

In the publications, Benjamin Joseph claims that the Police SFU had found Technology Distributions and its staff liable but that the Police refused to prosecute them.

• This is totally false because in the criminal trial in Charge No. CR/216/2016, the Investigative Police Officer (Inspector Stephen Ogira) from the SFU who handled the investigations, testified against Benjamin Joseph and stated that their report had absolved TD and its staff of any wrongdoing.

Similarly, the forensic analyst of the Forensic Science Laboratory D. Dept, Force CID, Alagbon Close, Ikoyi, Lagos, (ASP Raphael Onwuzuligbo) who conducted the forensic analysis of the disputed Board resolution and other documents testified that the documents were not forged but were actually signed by Benjamin Joseph.

So, it is false of Mr. Jospeh to still write that the SFU Report indicted the staff of Technology Distributions and Chief Leo Stan Ekeh of his wife, Chioma Ekeh.

It is in this context that, perhaps, the motive of Benjamin Joseph in this inexplicable focus in his online campaign of calumny on Chief Leo Stan Ekeh and his wife, Chioma Ekeh, is probably motivated by a quest to blackmail them and tarnish their reputation, allegedly at the behest of their competitors, and bring down their business which they have strenuously taken more than 35 years to build resulting into Technology Distributions Limited (now TD Africa Limited) as the foremost distributor of ICT products in the West African subregion.

How it all began

This chequered issue arose from a business transaction in December 2012 between Citadel Oracle Concept Limited (Mr. Benjamin Joseph’s company) and their appointed staff/representatives, (Princess Kama and Chief Igbokwe), when they won a contract for the supply of HP laptops to the FIRS that same year.

Just as other retailers who won similar contracts but had no funds to execute the contract, their said staff/representatives approached Technology Distributions Limited (now TD Africa Distributions Limited), the biggest authorized HP distributor in Nigeria, to supply them the laptops on credit pending payment by the FIRS.

In view of previous bad experiences and to avoid exposing the business to bad loans, Technology Distributions Limited, as it is their policy in the normal course of business, insisted that its staff, Mr. Chris Eze Ozims and Mrs. Shade Oyebode, would have to be signatories to an account opened for the purpose of receiving the proceeds of the FIRS contract as security for the laptops supplied on credit.

After the contract was executed and payment effected by the FIRS, TD Africa deducted the pre-agreed invoice sum of the laptops and had its staff resign as signatories to the said account.

A similar procedure applied to the other customers who had similar contracts with FIRS for the supply of similar HP laptops at the time.

Technology Distributions and its named staff have no reason or motive to hijack the contract as falsely alleged by Benjamin Joseph because they had other retailers who had similar contracts with FIRS and were ready to take the same laptops at the same uniform price for supply to the FIRS at the same profit. So, what’s the motive to hijack his contract as he alleged?

 Sharing Formula Problem

Exactly one year after the conclusion of the contract and the parties had gone their ways, Mr. Joseph petitioned the Special Fraud Unit of the Nigerian Police (SFU), Milverton Road, Ikoyi, in 2013, against Princess Kama, the representatives of Citadel and her uncle, Chief Igbokwe (the owner of Ad’Mas Technologies Limited) who equally won similar FIRS contract.

• Because Citadel was unknown to Technology Distributions and had no credit rating with them, Chief Igbokwe, an old customer of Technology Distributions, stood as their guarantor. 

Mr. Joseph claimed that his company was used without his knowledge and that the account opened by his company in Access Bank was not to his knowledge and that the Board resolution used to open the account was forged.

The Police thus subjected the documents, including the Board resolution bearing Mr. Joseph’s signature, to forensic analysis and confirmed that the signature was actually his. He would later join Technology Distributions and its staff as part of those who he claimed hijacked his contract.

However, in the course of the investigations, it emerged that after the execution of the contract, a disagreement arose between him and Princess Kama when they could not agree on the formula for sharing the profit earned from the transaction.

While he insisted on diverting the entire proceeds of the contract to his company, Princess Kama insisted on letting Technology Distributions take the invoice value of the contract because her uncle, Chief Onny Igbokwe had guaranteed the credit.

Mr. Joseph’s then lawyer and legal luminary, Afe Babalola SAN tried to intervene to resolve the issue between them and they held meetings at Ibadan.

However, when they could not reach an amicable settlement, Mr. Joseph changed the narrative – claiming that he had no knowledge of the transaction and reported the case to the Police SFU as a fraud.

The question is: if his company was actually defrauded, why hold settlement meetings first, and when it failed then report to the Police a case of fraud?

Further Investigations by the Police (Force CID) Headquarters Abuja

Not satisfied with the report of the investigation by the Police SFU, Benjamin Joseph went ahead to lodge another petition with the Nigerian Police (Force CID) Headquarters, Abuja, in 2014, on the same set of facts and allegations.

The then Inspector-General of Police, Solomon Arase instructed a detailed investigation.  The investigations by the Force Headquarters also came to the same conclusion as the SFU Report.

It was this deceit that informed the Police to commence criminal proceedings against Mr. Joseph for false and misleading information and waste of Police resources and time, in Charge No. CR/216/16 (IGP vs. Benjamin Joseph), at the FCT High Court, Abuja before Honourable Justice Peter Kekemeke.

Investigation by the EFCC 

Again, in 2016, Mr. Benjamin Joseph petitioned the Office of the then Vice President, Prof. Yemi Osinbajo on the same facts, insinuating that his company was used to defraud the Federal Government of Nigeria of over N200m. In this case, he claimed that though payment was made, no computers were supplied to the FIRS.

The EFCC acting on the instruction of the VP launched a nationwide investigation and confirmed that all the laptops were supplied and their assigned users identified at FIRS, and again, showing that Benjamin Joseph lied.

The EFCC report also exonerated Technology Distributions Limited and its staff, Chris Eze Ozims, Shade Oyebode, and Charles Adigwe, of any fraud, as the money received by the company was the actual invoice value of the computers supplied to Mr. Joseph’s company, Citadel, on credit. It was also noted that Zinox Technologies Limited and its Chairman, Mr. Leo Stan Ekeh, had no involvement, whatsoever, with the transaction.

However, following the insistence of Benjamin Joseph, the EFCC charged the said representatives of Citadel, Chief Igbokwe and Princess Kama in Charge No.CR/244/2018 before Honourable Justice Senchi. But in a considered judgment, Honourable Justice Senchi dismissed all the allegations put forward by Benjamin Joseph in his petition to the EFCC as false and imposed damage of N20million against him. The EFCC did not appeal the judgment and indeed saw no reason to do otherwise.

Intervention by the current AGF 

In the criminal charge contained in Charge No. CR/216/2016 before Honourable Justice Peter Kekemeke, while the Police Prosecutor, Simon Lough SAN, closed his case since 2018, Mr. Joseph has used all manner of alibi to delay the fair trial of the case.

He first filed a No-Case Submission, but to which the trial judgment ruled against him to the effect that the Police had established a triable case against him and requested him to enter his defence.

He then started petitioning the office of the past Attorneys-General to withdraw the charge against him but they refused his request and rather directed the Police to prosecute him to logical conclusion.

However, in a curious twist, the current AGF, the respected Lateef Fagbemi SAN, withdrew and discontinued the prosecution of Mr. Joseph.

The volte-face by the AGF is seen as utter disobedience of a subsisting court order given on 14th June 2024 by Honourable Justice Inyang Ekwo of the Federal High Court Abuja in Suit No. FHC/ABJ/CS/376/2024).

Recall that on Friday, 14 June 2024, a fresh case (Suit No. FHC/ABJ/CS/376/2024), came up before Honourable Justice Ekwo of the Federal High Court Abuja.

It was a case brought by the duo Chief Onny Igbokwe and Princess Kama (as Plaintiffs) against the Attorney General of the Federation and Inspector General of Police (as Defendants), challenging the directive given by the Attorney General to the Police to withdraw and discontinue the criminal proceedings against Mr. Benjamin Joseph pending before Honourable Justice Peter Kekemeke of the FCT High Court in Charge No. CR/216/2016.

The basis of this new case is that there is a subsisting judgment made by Honourable Justice Senchi of the FCT High Court in Charge No. CR/244/2024, which dismissed as false the same facts and allegations by Benjamin Joseph and imposed a N20million damages against him for giving the EFCC false information.

Since there is a subsisting judgment on the merit of these facts, the Attorney-General overreached himself to now acquit Benjamin Joseph, as if he never gave false information to the Police.

It is not in public interest as certain demands as contained in the 1999 Constitution were not met to justify the withdrawal of the case by the Attorney-General.

However, to the shock of lawyers appearing for the Prosecution, when the other case with Charge No. CR/216/2016, came up before Honourable Justice Kekemeke on Thursday, 20 June 2024, a lawyer from the Office of the Attorney General and Minister of Justice, Barrister F. N. Umoh, Assistant Chief State Counsel, announced an appearance for the Prosecution and said she had the instruction of the Attorney General to withdraw and discontinue the case.

In the circumstance, Honourable Justice Kekemeke was constrained into making a ruling striking out Charge No. CR/216/2016, and acquitting Benjamin Joseph.

• As aforesaid, though Mr. Joseph got the reprieve he long begged and craved from the Attorney-General, it does not derogate from the judgment of Honourable Justice Senchi which dismissed as false his allegations against Technology Distributions Limited and other persons and held him liable for false information with a N20milliin damages still hanging on his neck.

In effect, Mr. Joseph was not acquitted because he did not provide false information to the Police, he was acquitted on the prerogative of the AGF to apply nolle prosequi in any case he wishes.

*Adamu Sanni is a Public Affairs Analyst

The Enugu-born businessman is standing trial for falsely petitioning the Federal Government, alleging that Chairman, Zinox Group, Leo Stan Ekeh and others colluded in defrauding it and his company in executing a N170m contract from the Federal Inland Revenue Service (FIRS).

At the resumption of the trial on Thursday, November 3, 2022 before Honourable Justice Peter Kekemeke of the High Court of the FCT, Abuja, Benjamin Joseph, who has repeatedly refused to close his defence in the criminal case filed against him by the Inspector General of Police, was conspicuously missing in court.

His defence counsel, Bob James, presented an application for adjournment on the grounds that his client is ill and could, therefore, not attend the court sitting. Furthermore, he attached a medical report from a hospital in Ibadan.

However, prosecution lawyer, Simon Lough (SAN) raised an objection to the said application for adjournment.

The Learned Silk urged the court to strike out the document on the grounds that it was not from a public hospital. Responding, the defence counsel argued that S.255 of Administration of Criminal Justice Act (2015) did not make provision for a specific hospital and that his application should be granted.

Ruling on the application, the court frowned at the development.

The court observed that the letterhead is that of a state hospital while the body of the letter makes reference to Zenith Hospital, a private establishment and declared the said medical report a sham.

The court further noted that there must be an end to litigation. Nevertheless, the court conceded to give the defendant one last opportunity and adjourned to January 24, 2023 for continuation of defence.

The ongoing case relates to a 2012 credit sale of HP Laptops to Citadel Oracle Concepts Limited on an interest-free credit facility when they could not fund the contract awarded to them by FIRS to supply laptops, along with twelve other companies.

Two directors of Technology Distributions, Barr. Chris Eze Ozims and Folashade Oyebode, had been appointed signatories to a bank account opened by Citadel for the disbursement of the funds for the contract, solely as security/guarantee for the laptops supplied on credit and in view of previous bad experiences from other creditors of TD. After the FIRS paid all suppliers who were funded by Technology Distribution (TD), the other companies paid TD the pre-agreed invoice value.

However, Mr. Benjamin Joseph, the MD of Citadel, tried to divert TD’s fund but his partner Princess Kama resisted that move. After TD was paid, a dispute arose between Benjamin Joseph and his partner, Princess Kama, on profit sharing.

At a point, Chief Afe Babalola, SAN who was Counsel to Benjamin Joseph, tried to intervene and cause an amicable settlement of the profit-sharing dispute. But Benjamin Joseph wanted the entire money without paying TD.

It was at this point that he changed the story and contended that he was not aware of the contract and that his company was used to defraud FIRS.

However, during investigation by Nigerian Police and EFCC, the FIRS provided proof that Benjamin Joseph was indeed aware of the contract and that all the ordered computers were fully supplied and received by the FIRS.  

In addition, Mr. Benjamin Joseph again reported the matter to the Special Fraud Unit (SFU) of the Nigerian Police Force, Milverton Road, Ikoyi. The SFU conducted investigations and indicted him on the basis that a forensic analysis report showed that he signed the board resolution which he alleged was forged.

He thereafter lodged another petition to the Police Headquarters, Abuja, and after a thorough investigation, it was found again that his allegations were false. It was on the basis of that finding that he was charged to court in 2016 in Charge No: CR/216/2016 (IGP vs. Benjamin Joseph) before Justice Kekemeke of the High Court of the FCT, Abuja for giving false information.

This, however, did not stop Mr. Benjamin Joseph from embarking on a media trial, publishing a series of sponsored fake news against Mr. Ekeh, with intent to blackmail him as confirmed by his former partner, Princess Kama.

Kama, who was responsible for helping Joseph win the bid for the FIRS contract, had recently come out to state that Joseph was an ingrate who had attempted to divert the entire funds for the contract without paying for the laptops supplied to them on credit, despite being the beneficiary of an interest-free credit facility from Technology Distributions Ltd. without which it would have been unable to execute the contract.

According to her, Joseph failed in convincing her to go along with his dastardly plans; he had attempted to take all the profits from the deal against their pre-agreed sharing percentage – a move she also resisted.

Equally important, the Police (Prosecution) has closed their case since 2018 and Mr. Benjamin Joseph has been called upon by the Court to open his defence. Instead of proceeding with the said defense to conclusion, he has devised different tactics in his bid to sway the AGF to discontinue the criminal charge preferred against him. Interestingly, the law firm of Falana & Falana had earlier in 2018 applied to the Honourable Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) by a letter dated November 1, 2018, for a fiat to prosecute Ekeh, his wife and other persons mentioned in the articles Joseph had consistently sponsored in the media. In order to convince the office of the AGF, Mr. Joseph submitted some spurious reports said to have been issued in 2015 and in 2020 by the Nigerian Police, which his solicitors again used to apply for another fiat. However, the Nigerian Police Headquarters Abuja, by a comprehensive report dated December 1, 2020, discredited and disclaimed all those reports relied upon by Mr. Benjamin Joseph, which was used to convince the AGF to grant a fiat in May 2022.

On this basis and upon a critical review of all documents relating to the case, the office of the AGF saw through the falsehood and issued a new letter to the Police dated June 6, 2022 directing the Police to continue the prosecution of Benjamin Joseph and bring the criminal charge against him to a logical conclusion.

This letter was brought to the attention of the court by counsel to the Nigerian Police through their letter dated September 26, 2022.

Meanwhile, the Federal Government has also ordered the withdrawal of the charges purportedly filed by Femi Falana (SAN) against Ekeh, his wife and others.

The directive was issued via the office of the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) and communicated in a letter dated October 28, 2022, from the Director of Public Prosecutions (DPP) of the Federation, to the law firm of Falana and Falana.

The letter was signed by M. B. Abubakar, Director of Public Prosecutions of the Federation on behalf of the Attorney General and Minister of Justice.    

Consequently, by this letter, the Charge No: FCT/HC/CR/469/2022, purportedly filed by Falana & Falana against Mr. Leo Stan Ekeh, Chioma Ekeh, Chris Eze Ozims, Shade Oyebode, Charles Adigwe, and others, is no longer tenable and now baseless.  A copy of this letter, which was issued by the FG after a review of the facts of the matter, has been communicated to the chambers of Mathew Burkaa SAN, legal counsel for Mr. Ekeh and others, under cover of a letter dated Monday 31^st October 2022 from the Office of the DPP of the Federation on behalf of the Attorney General of the Federation, reconfirming the withdrawal of the authorization earlier given to Falana & Falana and directing them to discontinue the said Charge no. FCT/HC/CR/469/2022.  

This, therefore, lays to rest the allegations bandied about by Mr. Benjamin Joseph of Citadel Oracle Concept Limited, that Mr. Ekeh and the other persons mentioned in the various publications are to be arraigned in court on 8^th November 2022. Rather, it is on this date that the firm of Falana & Falana is supposed to appear in court and formally withdraw the said Charge no. FCT/HC/CR/469/2022, following the clear directives of the Honourable Attorney General of the Federation.

The directive was issued via the office of the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) and communicated in a letter dated October 28, 2022, from the Director of Public Prosecutions (DPP) of the Federation, to the law firm of Falana and Falana.

Part of the letter reads: “I am directed to write in reference to the above caption and to inform you that the Honourable Attorney General of the Federation and Minister of Justice in exercise of the power conferred upon him by section 174(1)(c) of the Constitution of the Federal Republic of Nigeria 1999, as amended, has withdrawn the authorization earlier granted to you dated 10^th May, 2022 to prosecute the case mentioned below. You are accordingly, requested to withdraw Charge no. FCT/HC/CR/469/2022 in the interest of justice.”  

The letter was signed by M. B. Abubakar, Director of Public Prosecutions of the Federation on behalf of the Attorney General and Minister of Justice.    

Consequently, by this letter, the Charge No: FCT/HC/CR/469/2022, purportedly filed by Falana & Falana against Mr. Leo Stan Ekeh, Chioma Ekeh, Chris Eze Ozims, Shade Oyebode, Charles Adigwe, and others, is no longer tenable and now baseless.  

A copy of this letter, which was issued by the FG after a review of the facts of the matter, has been communicated to the chambers of Mathew Burkaa SAN, legal counsel for Mr. Ekeh and others, under cover of a letter dated Monday 31^st October 2022 from the Office of the DPP of the Federation on behalf of the Attorney General of the Federation, reconfirming the withdrawal of the authorization earlier given to Falana & Falana and directing them to discontinue the said Charge no. FCT/HC/CR/469/2022.  

This, therefore, lays to rest the allegations bandied about by Mr. Benjamin Joseph of Citadel Oracle Concept Limited, that Mr. Ekeh and the other persons mentioned in the various publications are to be arraigned in court on 8^th November 2022. Rather, it is on this date that the firm of Falana & Falana is supposed to appear in court and formally withdraw the said Charge no. FCT/HC/CR/469/2022, following the clear directives of the Honourable Attorney General of the Federation.

Conversely, the Honourable AGF, through the Office of the DPP, in a letter dated June 6, 2022 had directed the Inspector General of Police to prosecute Benjamin Joseph to a logical conclusion.

The directive came a couple of weeks after the Attorney General discovered that material information was withheld in the application by Falana & Falana for the authorization earlier granted to prosecute Ekeh and others.

Crucially, Mr. Falana SAN, who had only recently started representing Benjamin Joseph, failed to disclose to the AGF that the FCT High Court presided by Honourable Justice Damlami Senchi had in February 2021 delivered a judgment in Charge No. FCT/HC/CR/244/2018, dismissed as false and malicious the various allegations put forward by Mr. Benjamin Joseph and awarded the sum of N20m against him as damages for false petitioning and to serve as a deterrence to others who may engage in false information to the investigation agencies.  

The respected SAN also failed to disclose that his client has refused to be cross-examined since 2018 in an ongoing criminal case (Charge No. CR/216/2016) instituted against him by the Federal Government of Nigeria through the Office of the IGP based on false information on the same allegations.

Also, it was not disclosed to the Honourable AGF that the Nigerian Police Force Headquarters had by a comprehensive final report dated 1^st December 2020, after a thorough review of the facts of the case, absolved Mr. Ekeh and all the aforementioned persons of any criminal liability in the entire transaction leading to this case, but rather recommended the continuation of the trial of Mr. Benjamin Joseph which began since 2016.

Consequently, he is due to appear in court on Thursday, November 3, 2022, as directed by the Office of the AGF.

Despite these deliberate omissions by his legal counsel, Mr. Benjamin Joseph had embarked on a media trial, publishing a series of sponsored fake news against Mr. Ekeh, with intent to blackmail him as confirmed by his former partner, Princess Kama.

Kama, who was responsible for helping Joseph win the bid for the FIRS contract, had recently come out to state that Joseph was an ingrate who had attempted to divert the entire funds for the contract without paying for the laptops supplied to them on credit, despite being the beneficiary of an interest-free credit facility from Technology Distributions Ltd. without which it would have been unable to execute the contract.

According to her, Joseph failed in convincing her to go along with his dastardly plans; he had attempted to take all the profits from the deal against their pre-agreed sharing percentage – a move she also resisted.

‘‘This infuriated him and he demanded to take all the profits from the contract which I also resisted because we had a pre-agreed sharing percentage. Chief Afe Babalola, who represented him at the time, tried to intervene by asking me to concede a larger portion of the profit to him but Benjamin was greedy and wanted all. It was at this point that he turned around to claim that he was not aware of the contract, that his company was fraudulently used to execute the contract with a fake Board resolution, and that no single laptop was supplied. Why didn’t he report to the Police earlier if indeed a fraud was perpetrated on his company?” Kama had revealed.

This latest development and intervention by the Federal Government further vindicates the unflinching position of the management of Zinox that its Chairman, Ekeh, wife and others were not in any way guilty of any wrongdoing by extending credit facility to Citadel in the long-drawn case which has spanned nearly 10 years.

Zinox had insisted that it would not succumb to any attempts at blackmail and that it would not negotiate with any would-be blackmailers, even as it had consistently expressed faith that the course of justice would eventually be served in the matter.

The ongoing saga relates to a 2012 credit sale of HP Laptops to Citadel Oracle Concepts Limited on an interest-free credit facility when they could not fund the contract awarded to them by FIRS to supply laptops, along with twelve other companies.

Two directors of Technology Distributions, Barr. Chris Eze Ozims and Folashade Oyebode, had been appointed signatories to a bank account opened by Citadel for the disbursement of the funds for the contract, solely as security/guarantee for the laptops supplied on credit and in view of previous bad experiences from other creditors of TD. After the FIRS paid all suppliers who were funded by Technology Distribution (TD), the other companies paid TD the pre-agreed invoice value.

But Mr. Benjamin Joseph, the MD of Citadel, tried to divert TD’s fund but his partner Princess Kama resisted that move. After TD was paid, a dispute arose between Benjamin Joseph and his partner, Princess Kama, on profit sharing.

At a point, Chief Afe Babalola, SAN who was Counsel to Benjamin Joseph, tried to intervene and cause an amicable settlement of the profit-sharing dispute. But Benjamin Joseph wanted the entire money without paying TD.

It was at this point that he changed the story and contended that he was not aware of the contract and that his company was used to defraud FIRS. However, during investigation by Nigerian Police and EFCC, the FIRS provided proof that Benjamin Joseph was indeed aware of the contract and that all the ordered computers were fully supplied and received by the FIRS.  In addition, Mr. Benjamin Joseph again reported the matter to the Special Fraud Unit (SFU) of the Nigerian Police Force, Milverton Road, Ikoyi.

The SFU conducted investigations and indicted him on the basis that a forensic analysis report showed that he signed the board resolution which he alleged was forged. He thereafter lodged another petition to the Police Headquarters, Abuja, and after a thorough investigation, it was found again that his allegations were false.

It was on the basis of that finding that he was charged to court in 2016 in Charge No: CR/216/2016 (IGP vs. Benjamin Joseph) for giving false information. That Charge is presently pending before Honourable Justice Peter Kekemeke of the High Court of the FCT, Abuja.

Equally important, the Police (Prosecution) has closed their case since 2018 and Mr. Benjamin Joseph has been called upon by the Court to open his defence. Instead of proceeding with the said defense to conclusion, he has devised different tactics in his bid to sway the AGF to discontinue the criminal charge preferred against him.

Interestingly, the law firm of Falana & Falana who filed the present charge had earlier in 2018 applied to the AGF by a letter dated November 1, 2018, for a fiat to prosecute Ekeh and the others mentioned in the articles. In order to convince the office of the AGF, Mr. Joseph submitted some spurious reports said to have been issued in 2015 and in 2020 by the Nigerian Police, which his solicitors again used to apply for another fiat.

However, the Nigerian Police Headquarters Abuja, by a comprehensive report dated December 1, 2020, discredited and disclaimed all those reports relied upon by Mr. Benjamin Joseph, which was used to convince the AGF to grant a fiat in May 2022.

On this basis and upon a critical review of all documents relating to the case, the office of the AGF saw through the falsehood and issued a new letter to the Police dated June 6, 2022 directing the Police to continue the prosecution of Benjamin Joseph and bring the criminal charge against him to a logical conclusion.

This letter was brought to the attention of the court by counsel to the Nigerian Police through their letter dated September 26, 2022.

Princess disclosed that Benjamin Joseph is an ingrate who attempted to get her support in diverting Mr. Ekeh’s company fund and join in a smear campaign against Mr. Ekeh, while also expressing surprise that the matter was still a subject of debate in the courts and in the media.

‘‘It has been nearly a decade. For those who do not know, I stood trial in this case along with Mr.  Onny Igbokwe, owner of AD’MAS Digital Technologies Ltd. Our only offence was trying to help someone who was my business partner back then and who also wanted me to marry him but whom I rejected. However, I thank God that justice prevailed in the end after the case was tried fully on its merits. We (I and Mr. Onny Igbokwe) were both discharged and acquitted by an FCT High Court on 24^th February 2021 presided by Honourable Justice Senchi in Charge No. FCT/HC/CR/244/2018, with a sum of N20m awarded as damages against the complainant, Mr. Benjamin Joseph, for false and malicious petitioning and prosecution, and to serve as a deterrent against persons seeking to lodge false petitions with the investigative agencies. So, I am surprised to discover only recently that he is still going around sponsoring all manner of fake write-ups on the same case in which he has a subsisting judgment awarded against him.’’

While stating that the contract in question was awarded as far back as 2012, Princess revealed that Mr. Ekeh was not involved in anyway and neither was his wife because the value of the contract wasn’t that much. She added that it was a business transaction between Citadel Oracle Concepts Ltd. which she was representing at the time and Technology Distributions Ltd., (TD Africa), one of the companies which Mr. Ekeh founded. Furthermore, she added that TD had indeed aided Citadel in executing the contract by extending an interest-free credit facility to it, without which it would have been extremely difficult to deliver as the banks were unwilling to fund the contract and Citadel was not financially strong to fund the business. Consequently, she stated that her conscience and integrity would not permit her to allow Benjamin to continue in his ongoing campaign, which she described as ‘a gross act of ingratitude and an attempt to arm-twist or blackmail Mr. Ekeh for no reason’.

‘‘I have kept a studied silence over the years in this case for obvious reasons. But I must confess that I was shocked to learn recently that this matter is still being reported actively in the media as if it happened today. For the benefit of those in the dark, I aided Benjamin Joseph for a while after he came to me in his time of difficulty in his business. I helped him bid for many contracts using my experience and contacts but when we won part of the FIRS contract, it was hard securing a bank loan to fund the business.

‘‘We approached TD like other vendors did. TD is the biggest authorized distributors of HP and other OEMs in the country. However, Benjamin’s company was rejected because Citadel Oracle Concepts Ltd. had no credit history with them. Mr. Onny Igbokwe, whose company, AD’MAS Digital Technologies Ltd, also through me got part of the same contract from FIRS had been a long-time trading partner of TD’s, agreed to guarantee Citadel for the credit facility after meeting with him (Benjamin) in Lagos. This was how we were able to get TD to fund the contract on our behalf, same as they did for other vendors who won similar lots for the FIRS contract.

‘‘Joseph gave me a duly signed letter of authority and a copy of his international passport and other corporate documents of his company, Citadel Oracle Concepts Limited, empowering me to act on his behalf in bidding for and executing the contract, and this letter was submitted to the FIRS. He also swore on oath in his Witness Statement on Oath in the civil case at Lagos High Court where he admitted this letter and other documents that he gave to me. His Statement on Oath is before the court, so he cannot deny it.

‘‘The account opened for the disbursement of the proceeds of the contract was also approved by him as he issued a duly signed Board resolution for it, which a forensic analysis report has confirmed was not forged. No official of TD was responsible for this. In order to safeguard their funds, however, TD insisted that two of its staff, Mr. Chris Ozims and Mrs. Shade Oyebode, would be signatories to the account. This was the only security held by TD for payment for the laptops supplied to Citadel on credit. We agreed to this and TD swiftly delivered all the laptops complete to the FIRS on our behalf. When the money for the contract was paid, TD duly deducted the pre-agreed sum for the laptops supplied on our behalf. This was when trouble started,’’ she stated.

Revealing that Benjamin had wanted to divert the entire funds received, Princess disclosed that she resisted the move, placing her in the line of her erstwhile business partner’s fire.

‘‘I refused Joseph’s attempts to divert the funds because my integrity was at stake. Here was a company that supported us with an interest-free facility, despite having no prior business relationship with them and whom Joseph now wanted to cheat. Mind you, Mr. Igbokwe was also a guarantor for Citadel. Therefore, going along with Joseph’s plan would have hurt a lot of innocent persons. So, I resisted it.

‘‘This infuriated him and he demanded to take all the profits from the contract which I also resisted because we had a pre-agreed sharing percentage. Chief Afe Babalola, who represented him at the time, tried to intervene by asking me to concede a larger portion of the profit to him but Benjamin was greedy and wanted all. It was at this point that he turned around to claim that he was not aware of the contract, that his company was fraudulently used to execute the contract with a fake Board resolution, and that no single laptop was supplied. Why didn’t he report to the Police earlier if indeed a fraud was perpetrated on his company?”

‘‘He petitioned the Police Special Fraud Unit Lagos (SFU), the Economic and Financial Crimes Commission (EFCC) and later the Vice President, Prof. Yemi Osinbajo. But where he failed is when he accused Mr. Ekeh, his wife and other staff of TD of involvement in the alleged fraud. It was strange because neither Mr. Ekeh nor his wife had ever met or transacted any personal business with Citadel or Mr. Joseph or myself. TD is a very big company that I transacted with officers at the middle level. Our transaction value was small to influence our meeting Mrs. Ekeh. At this point, he started engaging some unscrupulous media persons to embark on a campaign of calumny against Mr. Ekeh, thinking that he will get Mr. Ekeh’s attention to pay more.  I am not sure who gave him the idea that Mr. Ekeh has a lot of money and could give more money just to have peace. But this failed.

‘‘Thankfully, all the investigations by the Police SFU and the EFCC proved that Benjamin was spreading falsehood as forensic analysis of the documents we used to bid for the contract showed that they were duly signed by him. Also, the FIRS confirmed that all the laptops were duly supplied. The investigations equally exonerated all the staff of TD and Mr. Ekeh, who was not even involved in any way with the transaction.  Sadly though, the EFCC charged me and Mr. Onny Igbokwe to court due to the internal issues we were having with Benjamin in Charge No. CR/244/2018 before the FCT High Court. However, after a full trial that lasted for more than two years, we were eventually discharged and acquitted in 2021, as earlier stated. The judgment of the court clearly dismissed all the allegations of Mr. Benjamin Joseph and awarded the sum of N20million as damages against him for false information. It is instructive to note that the staff of TD only testified as prosecution witnesses in that case. Neither the EFCC investigative report nor the judgment of the court indicted them in any way. The judgment is now a public document, so anyone is free to go and read it to know the truth of the matter.

‘‘It is sad that an innocent man who knew nothing about this transaction is being dragged into this matter, maybe with a view to destroy him. It is evident that Benjamin is most probably being backed by Mr. Ekeh’s competitors as he has no capacity for this. Their intention is to see Mr. Ekeh appear in court to rubbish his image. But to what ends? I consider it an insult that the founder of a company that funded a contract for us and many other bidders is being accused of fraudulently converting a paltry sum of N170m. This is clearly a case of biting the fingers that fed you and one of the reasons it is hard to get assistance in today’s business world.

‘‘I must also express my disappointment, especially when I read that Femi Falana took on the brief of defending Mr. Benjamin Joseph who is still facing another criminal trial on this same case, without even as much as an attempt to probe the facts or background. He can reach out to his fellow SAN, Chief Afe Babalola, for instance, to understand or verify the disagreement that led to this juncture.

‘‘As I said earlier, Mr. Benjamin Joseph reported this case to both the Police SFU and the EFCC. These are the only investigative agencies who investigated this case and the only places we made written statements. If he claims that the SFU Report and the EFCC Report indicted Mr. Ekeh and his wife and other staff of TD, let him obtain copies and make them public instead of making noise. How can the SFU report have indicted Mr. Ekeh or his wife or any staff of TD when it was the SFU Investigative Officer that testified against Mr. Benjamin Joseph in criminal case No. CR/216/16 that the Police brought against him for false information?

‘‘I am aware that he says he is relying on a certain report by a certain Special Enquiry Bureau of the Police to whom he wrote a petition in 2015. We were neither invited by the Special Enquiry Bureau nor did we make any statement to them. This is what he is carrying about as a report.  Let him present any letter of invitation from the Bureau to any of us, including Mr. Ekeh, his wife, and the staff of TD, or any statement any of us made to the Bureau. How can there be a report where the ‘suspects’ were neither invited nor made statements? What Benjamin Joseph is hiding from the public is that the Police Force Headquarters Abuja, by a subsequent comprehensive report dated 1^st December 2020, discredited and disclaimed the so-called report of the Bureau as baseless and invalid, as it was based only on the statement of Mr. Joseph without hearing from the other parties.

‘‘The Police report of 1^st December 2021 emphatically said that the only investigation and authentic report was the one done by the Police SFU at Lagos. I believe that it is this invalid and discredited report that Femi Falana used to apply for a fiat in May 2022, as they are claiming, and they also conveniently hid from the Attorney General the fact that there is a subsisting judgment of the FCT High Court that has dismissed the allegations of Mr. Benjamin Joseph. It was after these hidden facts were made available to the Attorney-General that he gave the Police a letter in June 2022 to rather continue the prosecution of Mr. Benjamin Joseph to a logical conclusion, thereby reversing himself on the fiat. So, I believe that Mr. Ekeh was right to say that there is no case pending against him or his wife or staff of TD or any of us. I know that since there is a judgment by a competent court dismissing as false the set of facts forming the allegation of Mr. Benjamin Joseph, those facts and allegation cannot be used again to try me or any other party mentioned in the allegation, as long as that judgment subsists. Whatever charge that is filed, based on those allegations, is dead on arrival. My lawyers are taking steps to strike it out. So, the fact that we are challenging it does not mean that anyone, including Mr. Ekeh, is defending the charge, as I hear Mr. Benjamin Joseph say in his press statement. It is only consequential that it be struck out since the basis of the fiat has been overtaken by events. 

‘‘Lastly, it is worthy to note that based on the letter of the Attorney-General to the Police to continue with the prosecution of Mr. Benjamin Joseph to a logical conclusion, his trial continues on 3^rd November 2022 before Honourable Justice Peter Kekemeke of the FCT High Court. If he believes in his innocence, he should present his case in court and stop this media trial and hype. Why is he afraid to conclude his defense and be cross-examined after opening his defense for over two years but would rather be running to the press to curry undue public sympathy and tarnish innocent people’s image?’’ she queried.      

‘‘In all these, I am just a victim of someone who repays good with evil. Be that as it may, I will never be weary of doing good and I count it all joy.’’

Joseph has been in the news recently as standing prosecution for allegedly falsely accusing Mr. Ekeh and others as well as one of Ekeh’s companies of a N170m fraud.

Ekeh made this submission while addressing participants at the end of his final virtual mentorship project for 2022 with the theme – The Last Card – involving a cross-section of budding African entrepreneurs and post graduate scholars drawn from select foreign universities last Thursday.

He had altered the earlier listed case study –“The emerging corporate miracle” to “ The Last Card” based on his current experience.

The Zinox Chairman’s comment comes even as lawyers from various backgrounds have continued to debate how Femi Falana, a popular Senior Advocate of Nigeria (SAN) could have taken on a brief without carrying out due diligence into a case in which his client, the said Benjamin Joseph, has continued to sponsor a series of potentially defamatory media reports against Ekeh, despite having a subsisting N20m fine awarded against him by an Abuja court of competent jurisdiction for giving the Federal Government false information, while also facing another criminal charge for false petitioning before an FCT High Court in Abuja filed by the Inspector General of Police (IGP) in which the Attorney General of the Federation, Abubakar Malami had instructed the IGP and the courts to prosecute Mr. Benjamin Joseph to logical conclusion.

Also featuring at a recent discourse on the subject among the lawyers is how Falana failed to advise his client on the difference between a corporate and personal transaction. In law, there is a separation of personalities between corporations and their individual owners.

The law separates two of them as different persons. So, a contract entered into by a company in its normal course of business cannot become the responsibility of a shareholder, especially when that shareholder is not in any way involved in the day-to-to running of the company. Anyone mixing up the two is only acting mischievously to achieve an ulterior motive, which includes embarrassing and blackmailing the shareholder.

Of great concern to the participating lawyers is a perceived attempt to destroy the reputation of a distinguished and humble African and one of Nigeria’s prides identified by President Obasanjo and honoured on October 1st 2001 as an Icon of Hope and a model for Nigerian youths.

Correspondingly, while addressing his audience on Thursday, October 6, 2022, Ekeh stated that today’s entrepreneurs must remain alive to the growing threat of blackmail in professional circles which he described as the fifth highest revenue earner globally. In addition, he added that in a case of corporate blackmail, there is often a ‘small masquerade’ involved.

‘‘This challenge is a good case study for upcoming African entrepreneurs. As businesses in Africa continue to take a hit from global economic crises – due to the lack of provisioning for tough times – the threat of corporate blackmail will increase for those of you in business. Doing business in Nigeria or Africa is not for cowards. You must prepare like someone going to the war front. If you have the will and capacity to succeed as an entrepreneur, you must be always aware and take measures to protect your business from corporate blackmail. Most times, it is the work of small competitors who wish to see you go down or who have a desire to rubbish your credit rating or public image.’’

Referencing his experience in the earlier mentioned case involving Benjamin Joseph, Ekeh added: ‘‘Corporate blackmail has grown exponentially in recent years and often, the end purpose is extortion. I can confirm to you that there is no court case or indictment against me or any of my colleagues or my wife either with the Police, EFCC or any court in Nigeria or abroad. I decided from the first day I started business to be a child of trust economy and delete passion for money but instead, hold on to my passion for technology and that informed me in seeing myself as an only child even though I have other five successful siblings.

‘‘I am my greatest adviser and never had a privilege of a mentor outside my tough British-trained mother and humble father who was an only child of his parents. I concentrate more on why brilliant, good and hardworking persons fail in business in Africa but succeed in civilized countries. This informed why I stayed with tech business 360 degrees as I am in total control and the business does not lie. It’s either you are right or wrong. Never concede to blackmailers. Be humble but launch out with confidence as far as you have content to deliver. Blackmailers don’t last in the business.

‘‘This is why my blackmailer failed because there is digitally undisputable proof. I run a tech family – my wife and all my five kids are in tech and comfortable. If you are in the tech business, wealth becomes a right, no matter how old we are. Rich guys in tech all over the world don’t make noise because there is no reason to do so. Successful entrepreneurs don’t make noise because they worked for it. It is not an inheritance,’’ Ekeh stated.

When asked by one of the participants on how to prevent or guard against corporate blackmail, Ekeh submitted that entrepreneurs must remain above board in their dealings, while also putting in efforts to investigate and understand where the threat is coming from.

‘‘It is your right to know and in future, I will tell the full story. You must embrace integrity and have well-defined processes and procedures guiding your business. It saves you a lot of headaches. But even when you have done your best in these areas, you may still be targeted. Therefore, you must investigate your accuser or blackmailer to fully understand what is at play. It could cost you some money, but technology has made it easier and could be a great lesson. I can tell you that staff of our Group learned a lot from this experience.

‘‘My blackmailer had claimed first that no computers were supplied to FIRS by my company on his behalf and in seconds, we produced original serial numbers and delivery note and they tallied with what FIRS received. Zero mistake. Later, he claimed he was not aware of the contract, and in seconds FIRS produced a letter of authority he issued to his partner, Princess Kama physically with a copy of his passport and he now agreed under oath.

‘‘He now claimed the account opened was forged and a forensic analysis report conducted by Police SFU confirmed that he indeed signed the Board resolution.  My staff had nothing to do with opening of his bank account, but our system dictates that you do a Board resolution including two of our staff as majority signatories until we are paid and after the transaction is complete and we are paid, they will resign. We instituted this after few of such companies we funded defrauded us. We have a team of first-class lawyers and the tech to back up our structures and systems and we have done these for over 30 years. This Citadel case is the only blackmail we are tolerating. TD is the largest company in my Group and possibly in the IT Distribution sector in Africa and industry players know this. The N170m in question is an insult to TD and I am sure he knew before trying his luck with us.

‘‘We have enough to run all our companies globally. We may be a local company, but I have tried my little best based on some defined principles. I have never applied for overdraft in any bank, nor has any of my companies, not to talk about loan, so we are technically not desperate financially to cheat. When you are a child of trust economy, integrity is everything, so why do you have to borrow if you are trusted by your global partners and they extend any amount of credits to you? African entrepreneurs cannot scale in business pledging houses and share certificates as collateral to raise cash to do business. The financial institutions are ready to help but you have to earn their trust. When you make commitments, sweat and keep to them as your past transaction records have a lot to do with the decision to support you.

‘‘I have not taken alcohol or smoked from childhood and frankly I don’t know why, so, I don’t have bad dreams. I don’t have a single enemy in my life but you must run into storm sometimes, but never contain blackmailers. Even Benjamin Joseph shall become a born again soon and one of my best friends and I shall be glad to assist him in any little way. Life is very simple. But you must work hard to earn.

 ‘‘I only became aware of this particular case involving Benjamin Joseph and his company, Citadel Oracle Concepts two years after it started. It was a business transaction with Technology Distributions (TD) and did not, in any way involve Zinox. Yet, each time he goes to press, he mentions Leo Stan Ekeh and Zinox. TD is the pioneer and biggest distributors of tech products in Sub-Saharan Africa representing the biggest global brands in Africa. His mandate was to destroy my global credit rating so that our multinational partners could terminate relationships, but he failed. This is why I always advise entrepreneurs to build themselves as personal collateral during their incubation period and then their business as corporate collateral. In summary, be a child of trust economy and keep your word, and trust me, no person or financial institution can mess around with you. I am a living testimony and this is why I never sued Benjamin Joseph.

‘‘To start with, I have never met this man in my life. Neither has my wife met him in person. Even when he made attempts to meet with me, I rebuffed him because by that time, I had investigated him and discovered where he was headed. In tech business, we do not pay blackmailers because technology does not lie and that is the biggest mistake he has made in his life. Every lie he has told has been substantiated against him.

‘‘When he pressed on with his media campaign against me, I took the pains of hiring local and foreign detectives which cost me huge amount of money to investigate first my staff who handled the transaction, and then Benjamin Joseph, his company and his relationship with his partner, Princess Kama and her uncle, Chief Igbokwe and the discovery further strengthened my resolve not to engage him. Yes, it cost me big money, but it was money well spent. Remember, I mentioned there is often a small masquerade involved in such cases. I say small masquerade because someone bigger than you cannot spend his time blackmailing you for extortion.

 ‘‘If you have made up your mind to be a successful entrepreneur in Africa, you must be knowledge packed to alter your destiny positively, be ready to take pains before pleasure, implement auditable financial and legal structures backed with strong technology and most importantly, be spiritually strong. Most digital entrepreneurs in Africa fast more than most pastors in Africa. It is creative war like this that delays progress, but you will get there. These inconveniences shall gradually be deleted in the next ten years with the power of technology.

‘‘Blackmailers have, with the backing of some innocent press successfully destroyed our politicians, public office holders and their families as heads of criminal gangs, no matter how decent they are, and now they are gradually destroying wealth creators. Africa would be gone if they are allowed to succeed with our corporates,’’ the Zinox Chairman warned.

Furthermore, Ekeh shared some insights into the saga which has seen Benjamin Joseph facing an ongoing criminal trial for giving the Federal Government false information.

‘‘Benjamin Joseph’s company was among 13 others which TD Africa extended a credit facility to for supply of laptops to the FIRS. To guard against creditors making away with funds extended to them, TD insists on opening a joint account with each creditor so that they are fully aware of when the fund for the contract is paid. After he was paid, Joseph attempted to divert TD’s money but his partner, one Princess Kama refused. From my investigations, he (Joseph) had wanted to marry her but they could not agree.

‘‘However, when she objected to his attempt to divert the funds, Joseph petitioned the Police and EFCC, initially claiming that his company was fraudulently used to execute the contract without his knowledge and that nothing was supplied. This was despite the fact that he gave his partner a duly signed letter of authority and his passport to act on his behalf in executing the FIRS contract. But investigations revealed that the FIRS confirmed that all the laptops were supplied with the serial numbers intact.

‘‘He later fell out with his partner over profit sharing for the contract which Afe Babalola SAN, his lawyer at the time intervened but could not resolve. According to Princess Kama, Mr. Benjamin Joseph demanded all the profit from the business and the lady refused. If he was not aware and his company was fraudulently used to execute the contract and his signature was forged as he claimed, why was he later asking for a larger share of the proceeds?’’ Ekeh queried.

In conclusion, while advising his audience to learn from his experience and never give in to cheap blackmail, he stated that cowards don’t succeed in Africa as entrepreneurs, even as he expressed confidence that the course of justice would eventually be done in the matter.  

The order was communicated via a letter dated 6th June from the office of the Attorney General of the Federation, Abubakar Malami to the Inspector General of Police, Usman Baba and communicated to the courts by the IGP on 26th September 2022.

This was confirmed in a statement by Matthew Burkaa, a Senior Advocate of Nigeria (SAN).

According to the statement, Joseph has a previous court judgment of N20m as damages awarded against him by an FCT High Court Abuja, for giving the Federal Government false information after accusing Ekeh of fraudulently converting a contract awarded to his firm by the Federal Inland Revenue Service (FIRS) in 2012.

Furthermore, the statement revealed that Joseph is facing another criminal charge for false petitioning before Honourable Justice Peter Kekemeke of the High Court of the FCT, Abuja.

The SAN, who disclosed that this clarification is necessary in informing the public to disregard the various sponsored media reports being circulated online and on social media by Joseph against the Zinox Chairman, also stated that every available legal means will be employed to address the libelous contents in the referenced publications and seek for appropriate remedies and damages, where necessary.

The statement reads in part: ‘‘We act for Mr. Leo Stan Ekeh, Technology Distributions Limited (TD) and its staff Chioma Ekeh, Chris Eze Ozims, Oyebode Folashade and Charles Adigwe (hereinafter referred to collectively or individually as “Our Clients”).

‘‘Our Clients have drawn our attention to several online publications, containing some false, distorted and damaging contents in the SAHARA REPORTERS of October 2, 2022 titled: ZINOX GROUP CHAIRMAN, WIFE, 11 OTHERS FACE TRIAL IN NIGERIAN COURT OVER ALLEGED N170M CONTRACT FRAUD NINE YEARS AFTER. A Similar story with the same content was published in OPERA NEWS on 29^th September, 2022, and in the NATIONAL WAVES on 29^th September 2022 titled: LEO STAN EKEH’S ALLEGED N170.3M FRAUD SCANDAL RESURFACES; and also in THE NEWS MATRICS (Online News Paper Publication) published on the 30^th September 2022 titled: FG TO PROSECUTE ZINOX BOSS, EKEH, WIFE OVER ALLEGED N170.3M FRAUD.

THE WITNESS (online newspaper) of September 29, 2022, also carried the story. Copies of these online publications have gone viral on social media and have been read globally by different persons and diverse groups, who have been worried by the content of the publication and have continued to bombard our Clients with calls expressing their utter shock and consternation at the content of the publications.

‘‘First of all, of great concern, is how a straightforward business transaction between two corporate entities, Technology Distributions Limited (TD) and Citadel Oracle Concepts Limited has been skewed in a manner to give the erroneous impression that a personal business was transacted by individuals, to wit: Mr. Leo Stan Ekeh, his wife and his named staff with one Mr. Benjamin Joseph. Such personalisation (as carried by the publications) was apparently to achieve an ulterior motive to blackmail, drag, embarrass, and bring down the persons so named in the publication, while the author of the publications appears as a victim and continues to bask in a vain glory.’’

Specifically, Burkaa disclosed that reports of investigation reports by various authorities including the Nigerian Police Force, Special Fraud Unit (SFU) and the Economic and Financial Crimes Commission (EFCC) reveal that Mr. Ekeh and Zinox Technologies Limited are not connected in any way to the allegations that formed the basis of the said libellous publications.

‘‘In fact, in all the investigations by the Nigerian Police and the EFCC, Mr Leo Stan Ekeh, Technology Distributions Limited (TD) and its staff, Mrs. Chioma Ekeh, Mr. Chris Eze Ozims, Mrs. Folashade Oyebode, and Mr. Charles Adigwe have been formally and severally vindicated and absolved of any wrong-doing as the entire allegations were found to be false. On the contrary, the mastermind of all the allegations, a certain Mr. Benjamin Joseph, is presently standing trial in Court for forwarding false allegations via a Petition containing the very allegations that formed the basis of the referenced publications to the Federal Government of Nigeria. That Charge is still pending in Court.’’

Also, he held that neither Mr. Ekeh nor the other persons mentioned in the articles had been served with any charge by the law firm of FALANA & FALANA, as falsely claimed, adding that they only read of the existence of the charge in the media. Burkaa, who condemned the development, described it as going against all known ethics of the administration of justice in Nigeria, especially as the said charge has been widely circulated on print and electronic media with all its details and the full names of persons mentioned along with the charge number.

In addition, he stated that the FG has filed a formal charge against Benjamin Joseph for submitting a false petition against Mr. Ekeh, his wife, Mrs. Chioma Ekeh and other persons mentioned in the articles, while noting that the same falsehood has now been reported in those media publications as the content of the charge against them.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           

Burkaa noted that: ‘‘The Criminal Charge will be coming up before His Lordship, the Hon. Justice U.P. Kekemeke of the FCT, High Court, Abuja on the 3^rd day of November, 2022 for the defence of Mr. Benjamin Joseph whose “No Case Submission” had been dismissed by the Court, indicating that he has a case to answer. The Federal Government has also written letters through the Director of Public Prosecution of the Federation (DPPF) and the Nigerian Police Force for the continuation of the said prosecution. The letters are dated 6^th of June, 2022 and 26^th September, 2022.

‘‘It is therefore appalling to our Clients to read, via the above publications, that a Charge had been filed against them by a private law firm associated with Mr. Benjamin Joseph because, they (our Clients) had by a letter dated 19^th November, 2018 drawn the attention of the Honourable, the Attorney General of the Federation to the fact that, it was apparent that the Law firm of FALANA &FALANA was acting on the instructions of Mr. Benjamin Joseph, the MD of Citadel Oracle Concepts Limited, who is the Defendant standing trial in Charge No: CR/216/2016.

‘‘More shocking to our Clients is the fact that the Nominal Complainant (Benjamin Joseph) in Charge No: FCT/HC/CR/469/2022 which formed the basis of the above online publications, is the Defendant in Charge No: CR/216/2016 and the subject matter in Charge No: FCT/HC/CR/469/2022 is the very basis for the prosecution of Mr. Benjamin Joseph in Charge No: CR/216/2016.

‘‘It is also imperative to point out that the High Court of the FCT, Per D.Z Senchi J. (as he then was) in Charge No: FCT/HC/CR/244/2018 dismissed as “false petitioning” the very allegations forming the basis of the new charges filed by FALANA & FALANA’S Chambers, and indicted the said Benjamin Joseph for forwarding false information to the Nigerian Police. The court went ahead to slam a fine of N20million against him for writing a Petition containing falsehood against our Clients and to serve as a deterrent to others who might want to mislead security agencies by forwarding false complaints against innocent Nigerians. The said Judgment is dated the 24^th day of February, 2021. In fact, Chioma Ekeh and Chris Eze Ozims, who are also supposedly charged in the referred charge, were prosecution witnesses against Benjamin Joseph in the two previously filed charges. So, the present Charge includes the very persons who had been discharged and acquitted on the same set of facts and in whose favour there is a subsisting Judgment.’’

Meanwhile, the SAN added that copies of all the documents mentioned above (including the Judgement, Reports, and letters) are available for verification as they are in various courts’ records, having been tendered in proceedings.

The ongoing saga relates to a 2012 Credit Sales of HP Laptops to Citadel Oracle Concepts Limited on an interest-free credit facility when they could not fund the contract awarded to them by FIRS to supply laptops, along with twelve other companies. After FIRS paid all suppliers who were funded by Technology Distribution (TD), the other companies paid TD the pre-agreed invoice value.

But Mr. Benjamin Joseph, the MD of Citadel, tried to divert TD’s fund but his partner Princess Kama resisted that move. After TD was paid, a dispute arose between Benjamin Joseph and his partner, Princess Kama, on profit sharing. At a point, Chief Afe Babalola, SAN who was Counsel to Benjamin Joseph, tried to intervene and cause an amicable settlement of the profit-sharing dispute. But Benjamin Joseph wanted the entire money without paying TD. It was at this point that he changed the story and contended that he was not aware of the contract and that his company was used to defraud FIRS. However, during investigation by Nigerian Police and EFCC, the FIRS provided proof that Benjamin Joseph was indeed aware of the contract and that all the ordered computers were fully supplied and received by the FIRS.  

In addition, Mr. Benjamin Joseph again reported the matter to the Special Fraud Unit (SFU) of the Nigerian Police Force, Milverton Road, Ikoyi. The SFU conducted investigations and indicted him on the basis that a forensic analysis report showed that he signed the board resolution which he alleged was forged. He thereafter lodged another petition to the Police Headquarters, Abuja, and after a thorough investigation, it was found again that his allegations were false. It was on the basis of that finding that he was charged to court in 2016 in Charge No: CR/216/2016 (IGP vs. Benjamin Joseph) for giving false information. That Charge is presently pending before Honourable Justice Peter Kekemeke of the High Court of the FCT, Abuja.

Equally important, the Police (Prosecution) has closed their case since 2018 and Mr. Benjamin Joseph has been called upon by the Court to open his defence. Instead of proceeding with the said defense to conclusion, he has devised different tactics in his bid to sway the Attorney General to discontinue the criminal charge preferred against him. Interestingly, the Law Firm of FALANA & FALANA who filed the present charge had earlier in 2018 applied to the Attorney General of the Federation by a letter dated November 1, 2018, for a Fiat to prosecute our clients. In order to convince the office of the Attorney General, Mr. Joseph submitted some spurious reports said to have been made in 2015 and in 2020 by the Nigerian Police, which his solicitors again used to apply for another Fiat. However, the Nigerian Police Headquarters Abuja, by a comprehensive report dated December 1, 2020, discredited and disclaimed all those “reports” relied upon by Mr. Benjamin Joseph, which was used to convince the Attorney General to grant a Fiat in May 2022.

On this basis and upon a critical review of all documents relating to the case, the office of the Attorney General saw through the falsehood and issued a new letter to the Police dated 6^th June, 2022 directing the Police to continue the prosecution of Benjamin Joseph and bring the criminal charge against him to a logical conclusion. This letter was brought to the attention of the Court by Counsel to the Nigerian Police through their letter dated 26^th September, 2022.

Burkaa added: ‘‘Mr. Benjamin Joseph and his Legal Team were in Court on 27th September, 2022 and were aware of this directive by the office of the Attorney General. It is therefore appalling that the referenced publications inundated the Press two days after that Court Proceedings with screaming headlines without stating the correct facts for the benefit of the general public.’’

While noting that the publications against the Zinox Chairman were made in bad faith, the SAN contended that they contained false, distorted and slanted narrative to mislead the public, while also stating that they equally contained half-truth carefully skewed to malign and embarrass Mr. Ekeh and hurt his business interests.