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Court Strikes Out N170M FIRS Contract Fraud Against Zinox Boss, Leo Stan Ekeh

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Zinox  
Zinox Group Chairman, Leo Stan Ekeh

The High Court of the Federal Capital Territory (FCT) presided over by Honourable Justice C. O. Oba sitting in Court 32 has struck out Charge No. FCT/HC/CR/469/2022 filed by Falana & Falana against the Chairman, Zinox Technologies, Leo Stan Ekeh and officials of Technology Distributions Limited, including Mrs. Chioma Ekeh, Chris Eze Ozims, Shade Oyebode, Charles Adigwe and others over an alleged fraud involving a N170m contract with the Federal Inland Revenue Service (FIRS).

This follows a letter dated October 28, 2022 from the Office of the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, through the Office of the Director of Public Prosecutions of the Federation (DPP) to Falana & Falana withdrawing the fiat earlier granted them in May 2022 and also directing them to immediately withdraw the said Charge constituted as FCT/HC/CR/469/2022 leveled against Mr. Ekeh and the others, based on the findings that the fiat was obtained on misrepresentation and concealment of material facts by their client, Mr. Benjamin Joseph of Citadel Oracle Concepts Limited.

At the court proceedings on Tuesday, November 8, 2022, Mr. Marshall Abubakar, counsel from the firm of Falana & Falana, who appeared for the prosecution, tried to argue against the instruction and sought adjournment on some flimsy grounds, despite the clear instruction of the AGF contained in the letter to his firm.

However, Mr. Matthew Bukaa (SAN) who appeared for Mr. Ekeh, and the aforementioned staff of Technology Distributions Limited, opposed the application for adjournment and prayed the court to give effect to the unambiguous directive of the AGF to withdraw the charges.

The trial judge, Honourable Justice C. O Oba, after reviewing the certified true copy of the Attorney General’s letter, agreed with the defence counsel, Mr. Bukaa SAN, that there is no legitimate grounds to sustain the charges or grant adjournment and accordingly struck out the charges.

It would be recalled that some recent media publications had published stories indicating that the Federal Government of Nigeria was to prosecute Mr. Ekeh and 12 others over an alleged N170million FIRS contract which Mr. Benjamin Joseph claims was fraudulently executed using the name of his company, Citadel Oracle Concept Limited, without his knowledge and that the Federal Government was accordingly defrauded.

It was also reported that the firm of Falana & Falana, acting for Mr. Benjamin Joseph, applied for and was granted a fiat in May 2022 from the AGF to bring a charge against Mr. Ekeh and 12 others, upon which Mr. Femi Falana filed the purported charge on September 9, 2022.

However, the Attorney General, by a letter dated October 28, 2022, to Falana & Falana withdrew the fiat earlier granted them and directed them to immediately withdraw the charge they filed in court.

The directive came a couple of weeks after the AGF discovered that material information was withheld in the application by Falana & Falana for the fiat allegedly meant 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, dismissing 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 against false information.

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 Inspector General of Police (IGP) based on false information on the same allegations.

Also, it was not disclosed to the AGF that the Nigerian Police Force Headquarters had, by a comprehensive final report dated December 1, 2020, after a thorough review of the facts and investigations 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. Furthermore, the AGF had, by a letter dated June 6, 2022, also directed the Inspector General of Police to prosecute Benjamin Joseph to a logical conclusion.

The said criminal proceedings is still ongoing against Mr. Benjamin Joseph before Honourable Justice Peter Kekemeke of the FCT High Court and comes up on January 24, 2023, for continuation of trial.

There was, therefore, no basis to grant or sustain the fiat to file charges against Mr. Ekeh and the staff of Technology Distributions on the same set of facts and allegations for which Mr. Benjamin Joseph, the petitioner, is currently standing trial for false information. Consequently, the fiat was withdrawn and the Charge struck out on Tuesday, November 8, 2022 by Honourable Justice C. O. Oba sitting in Court 32 of the FCT High Court.

Reacting to the development, a human rights activist, Dr. Niyi Abo, who was present in court on a sidelines as an observer, hailed the judgment, even as he expressed his disappointment at the step taken by Falana & Falana in filing the case against Mr. Ekeh and others without due diligence.

‘‘I think what they want to achieve is to see Mr. Ekeh in the dock just to diminish his stature because from findings, the only sin the man committed is that he founded TD Africa and his company extended an interest-free credit to help a young man to survive, just like he has done for thousands of others partners of TD Africa, some of whom are in court here in sympathy with Mr. Ekeh.
‘‘This further gives vent to the claims that this might be a case of blackmail gone wrong, according to what Benjamin Joseph’s ex-business partner, Princess Kama confirmed in the media herself, that Benjamin Joseph’s grouse is that she did not support him to divert TD Africa’s funds after the FIRS paid them, as well as his alleged attempt to extort money from Mr. Ekeh when he learnt that Mr. Ekeh is a very rich man. I understand Mr. Ekeh and his wife have never met the alleged blackmailer. Does it mean if you transact a business with a company and something goes wrong according to your own estimation, you start calling the Chairman of the company, a distinguished Nigerian and global citizen, a criminal?
‘‘I sincerely think it is very demeaning for a reputable law firm like Falana and Falana to get involved in this. Nigerian lawyers must please upgrade and exhaust simple due diligence on their clients before accepting their briefs. I think that blackmail, due to hard times, is one of the biggest businesses in Africa now. Several compromised media houses are being used by these blackmailers to extort rich men. You can imagine the negative publicity orchestrated by some online media houses against Mr. Ekeh in the past few days on account of this useless case.
‘‘I congratulate Mr. Ekeh for having the guts to follow this fight to the end, and if I were him, I would probably consider a petition to the Legal Practitioners Disciplinary Committee against Falana & Falana. He should also take Mr. Benjamin Joseph to the cleaners by taking out court actions against him and his compromised media supporters,’’ Dr. Abo concluded.

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Nifemi Temiloluwa Eitaio-Alao’s Innovations, Politics, and Community Service

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In a competitive market like Lagos, setting a furniture brand apart requires a unique approach. For Nifemi Temiloluwa Eitaio-Alao, this means prioritizing sustainable materials, innovative designs, and exceptional customer service. By engaging with local culture and incorporating traditional craftsmanship, he aims to create furniture that not only stands out but also resonates with the Nigerian identity.

Keeping up with industry trends is crucial in the furniture business, and Nifemi is closely monitoring key shifts such as the growing demand for sustainable materials, multifunctional furniture suited for urban living, and locally crafted designs that reflect cultural heritage. To adapt, he is focusing on sourcing eco-friendly materials, designing versatile pieces, and collaborating with local artisans to create unique offerings that blend modern aesthetics with traditional craftsmanship.

As a seasoned entrepreneur, Nifemi envisions a diverse product portfolio that caters to both residential and commercial spaces. His goal is to attract customers who value quality, sustainability, and distinctive design—young professionals, families, and businesses seeking furniture that combines elegance with functionality.

The rise of emerging technologies, including 3D printing, augmented reality (AR), and smart furniture, is reshaping the furniture industry. Recognizing the potential of these innovations, Nifemi is exploring partnerships with tech firms, investing in team training, and staying ahead of industry advancements to integrate these technologies effectively into his business.

Customer satisfaction is at the heart of his brand’s philosophy. He prioritizes clear communication, personalized service, timely delivery, and strong post-purchase support. By actively listening to customer feedback and responding to their needs, he fosters trust and loyalty among his clientele. To gather valuable insights, he leverages surveys, direct interactions, and social media engagement, ensuring that his products continue to evolve based on customer preferences and market demands.

Finding the right balance between aesthetics, functionality, and durability is key to creating high-quality furniture. Nifemi achieves this by selecting premium materials and employing innovative design techniques that ensure both beauty and longevity. Additionally, he manages customer expectations regarding delivery times and custom orders through transparent communication, setting realistic timelines, and keeping clients informed throughout the process.

Beyond his business pursuits, Nifemi remains deeply invested in his political aspirations. Having publicly expressed his ambition two years ago, he sees public service as a natural extension of his entrepreneurial success. With strong roots in Kwara State, he feels a growing responsibility to give back to his community. As the 2027 elections approach, he and his team are diligently laying the groundwork for his political journey. While he has yet to officially announce the office he intends to run for, he remains optimistic and eager to share more details in the near future.

As his birthday marks another milestone today February 14, 2025—a day that coincides with Valentine’s Day—Nifemi looks forward to celebrating with gratitude and giving back to those in need. He cherishes this annual tradition as an opportunity to reflect, offer prayers, and share his blessings. Surrounded by supportive friends, he anticipates a joyful celebration filled with love and appreciation.

Looking ahead to 2025, Nifemi is determined to push the boundaries of excellence in his entrepreneurial ventures, with a strong emphasis on sustainability, innovation, and community impact. He remains committed to transparency, ethical leadership, and advocating for policies that support small businesses and economic growth. For him, success is not just about personal achievement but about creating opportunities for others to thrive. With big plans on the horizon, he is ready to embrace the challenges and opportunities that the future holds.


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Senator Gbenga Daniel Mourns Passing of Alaperu of Iperu, Oba Adeleke Idowu

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His Royal Majesty, Oba Adeleke Adelekan Idowu, Basipo Odoru V, the Alaperu of Iperu in Ogun State, has passed away, marking the end of a 22-year reign.

He was a revered traditional ruler who played a vital role in the development of Iperu, fostering peace, cultural preservation, and economic growth.

Senator Otunba Gbenga Daniel, the lawmaker representing Ogun East Senatorial District, expressed deep sorrow over the monarch’s passing.

In his condolence message, he described Oba Idowu as a trusted confidant, friend, and advisor who provided invaluable guidance on many occasions.

He emphasised the immense loss the monarch’s passing represents for Remoland and Ogun State, acknowledging his significant contributions to unity and progress.

Oba Adeleke Idowu’s leadership saw significant progress in Remoland, and his influence extended beyond Ogun State, making a lasting impact on the region and Nigeria as a whole.

His death comes just over a year after the loss of his beloved wife, Olori Kehinde Idowu Basipo-Odoru.

As the good people of Iperu community and Ogun State as a whole mourn the loss of their monarch, tributes continue to pour in from across the country, recognising Oba Adeleke Idowu’s enduring legacy of leadership and service.


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Banking

Obanikoro Accuses Access Bank of Using His Property as Collateral for N1bn Loan without His Consent

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New facts have emerged on how Access Bank clandestinely granted N1 billion loan to a going concern, DDSS International Company limited, using a property belonging to another company, MOB Integrated Services, run by Gbolahan Obanikoro, as collateral without the owner’s consent or knowledge.

Details of the loan provided by insiders, revealed that the property, owned by MOB Integrated Services, was first used to guarantee a loan of N193,139,200 to Balmoral International Limited on May 21, 2013, from the now acquired Diamond Bank.

The credit facilities, referenced AOB/BB/VO/AD/031/05/2013, also included N120 million term loan and N20 million import duty facility.

The term of the loan was 180 days from the date of disbursement at 20 per cent per annum, while a third-party legal mortgage on the property located at 40B Bourdillion Road, Ikoyi, Lagos, was used as security.

However, long after Balmoral had repaid and serviced the loan, the bank, without recourse to the property owner, used the same collateral for another loan, completely unknown to the property owner.

The loan of N1 billion was granted to DDSS International Company Limited via an offer letter of May 16, 2019, using the same property as security.

The letter was signed by Bukola Shoyombo, a Relationship Officer in Access Bank Business Banking Division, and Oreoluwa Roy-Egbokhan, a Relationship Manager.

The purpose was to enable DDSS International finance the purchase of different brands of cars and luxury vehicles for sale to individuals and corporate organisations.

The tenor of the loan was for 60 months at 15 per cent interest per annum, subject to review based on prevailing market conditions.

The bank claimed that the collateral was a “comprehensive third-party legal mortgage on property located at 40B Bourdillion Road, Ikoyi. The property is currently with the bank and perfection has been concluded,” the bank claimed in the offer letter.

The implication, the insider, explained, was that the bank granted DDSS International the loan without collateral, because the property was not theirs and the owner had no relationship whatsoever with the company.

A complaint of stealing was later filed against the bank and others, following which the Lagos State Government filed charges against the Managing Director, Bolaji Agbede, and three others.

In the four-count charge pending before Justice Ibironke Harrison of the Lagos State High Court, sitting in Tafa Balewa Square, the Director, Directorate of Public Prosecutions, Mrs A. O. Oluwafemi, accused the bank and others of conspiracy, stealing, and attempted theft.

The defendants were the Managing Director of Balmoral International Limited, Adejare Adegbenro; Balmoral International Limited, Access Bank, Bolaji Agbede and DDSS International Company Limited.

The charge read: “Count 1: Conspiracy to Commit a felony to wit: stealing contrary to Section 411 of the Criminal Law, Ch. C17, Vol.3, Laws of Lagos State, 2015.

“Particulars of Offence: Adejare Adgbenro (m), Balmoral International Limited, Access Bank and Bolaji Agbede (m) on or about the 24th Day of September 2013 at Plot 1261, Adeota Hopewell Street, Victoria Island, Lagos State in the Lagos Judicial Division, conspired to commit a felony to wit: Stealing.”

The charge stated that they conspired and “stole the property of MOB Integrated Services at Plot 40b, Bourdillion Road, Ikoyi, Lagos, by using it as a security for a loan without his consent and subsequently entering into a consent judgment.”

The defendants were also charged with attempted stealing, contrary to Section 21 of the Criminal Law of Lagos State, 2015.

The prosecution said the defendants, on or about May 26, 2019, at Plot 1262, Adeola Hopewell Street, Victoria Island, Lagos State, in the Lagos Judicial Division, “attempted to steal the property of MOB Integrated Services at Plot 40B, Bourdillion Road, Ikoyi, Lagos by offering and granting DDSS International Company Limited a credit facility of N1billion only.”

However, following the defendants’ failure to appear for their arraignment, Justice Harrison ordered their arrest.

The judge issued the arrest warrant after prosecution counsel, Uthman Rilwan, informed the court that despite being served with a notice, the defendants failed to appear.

After issuing the warrant, the judge directed that it be executed against the principal officers of the defendant companies.

She adjourned until February 24, 2025, for arraignment.

-Culled from Thisday.


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