The management of the foremost African digital conglomerate, Zinox Technologies Limited, has demanded a public apology from Mr. Femi Falana SAN over alleged defamation and reputational injury inflicted on the company and its representatives by Falana and his client, Benjamin Joseph, the CEO of Citadel Oracle Concept Limited, an Ibadan-based computer firm.
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.
