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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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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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As  late Ifeanyi Ubah goes Home in a blaze of glory!

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Late  Senator Ifeanyi Patrick Ubah would be compared with  a shooting star across the midnight sky that left unannounced when many were still savouring and   amazed by its beauty.

Until his death the senator that represented Anambra South Senatorial District touched many lives, he gave laughter to many homes, he fed many hungry mouths, he gave succour to many hearts and gave hope to many hopeless.

Though his style and approach to some to issues may be distasteful to many,  He held his passion with absolute conviction, fighting many battles that would easily cowered the faint hearts, he dared the mighty, ventured into the unknown, took the trophies everywhere he went.

He was simply fearless!

Since his death was announced that red letter day last July tributes have been showering for the man whose milk of kindness was described as second- to- none.

The man who was also the  Chairman, Capital Oil, is generous to a fault.   This top player in the nation’s oil and gas sector also was born with  a large heart. Besides, he was  unapologetically committed to the uplift of his community, while also helping the course of humanity.

It was  gathered the many remarkable tributes during his lying state about the countless lives he touched and the enduring legacy he left behind.

He was also described as a tenacious businessman, philanthropist and public servant. Through his lifetime, he dedicated himself to the service of the people of his state and constituency.

As the titan went home  yesterday, Saturday 23 November, 2024, in a blaze of glory when he  committed to mother earth the nation as  a whole  would surely miss a shrewd businessman,  distinguished  politician and man born to serve humanity.

It is definitely incontrovertible that while alive, late Senator Ifeanyi Ubah, was someone many wished to be as blessed as he was.

But unknown to those who covet his successes, he faced many challenges that would ordinarily consume a lily-livered.

Interestingly however, Ubah had always proved to his detractors that he is indeed a cat with nine lives.

In other words, the more they tried to bury him, the more he sprouted like a seed in a well-fertiled land. Though he was a lone fighter, he proved beyond reasonable doubt that he was indeed a warrior, as he always emerged victorious in all his legal battles.

All his life, he walked tortuous and undulating paths to achieve success.

The billionaire businessman was a courageous, even fearless, confident and self-made man. His life, in a way, taught many that one could be whatever one wanted to be if one prepares well and stays focused.

 However, last July, the man who survived and escaped many battles, including an attempt on his life, finally succumbed when he died in London.

Many would remember September, 2022, the businessman , who was also the chairman of Capital Oil and Gas, was going about his normal activities that fateful Sunday , travelling to his hometown, Nnewi with his aides when some dare-devil gunmen rained bullets on him alongside his convoy.

Many scampered for safety. And it was, indeed, a sad day as some of his trusted aides were fell by the bullets.

It was learnt that if not for his bullet- proof car and the grace of God, the Anambra State-born Senator would have kicked the bucket at the time.

 It was such a dreadful and unpalatable scene to watch.

The sad event of that day no doubt haunted the senator till he breathed his last.

Until the tragic event of his death , if you had asked the late politician his most cherished ambition, he would probably have told you, it is to become the governor of the state.

This, he had worked tirelessly to achieve in the next governorship election of the state.

Indeed, the highly flamboyant politician had launched powerful consultations in the state for his ambition before death plucked life out of him. He has spent money traveling round the world consulting and seeking the blessings of many that matter to his ambition.

Sadly, this beautiful dream died with him.

 


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Behold The Next Owa Obokun Of Ijesa Land, Dr. Oriyomi Adewunmi Akerele…. A Pedigree Of Excellence And Omoluabi Prince Of The Source

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A successful healthcare administrator based in the United States, proud Ijesha prince, historian per excellence, Dr. Oriyomi Adewunmi Akerele was born on August 10th 1974, to a the BILARO ruling house of Ijesaland.
He attended University of Ilorin where he bagged a B.A degree in history and eventually proceeded to the prestigious University of Arlington Texas where he obtained both is Masters and PhD in History. He also holds an MBA healthcare management from Dallas Baptist University.
A successful Prince of the soil, Dr. Akerele presently runs a top healthcare company in the US with a portfolio of over 7 billion USD, and still counting.
According to him, he is ready to take the position of the leadership of his home town where he has a lot of passion and drive to take to the next level considering his exposure in the international environment.
“I am passionate about the development of Ijesaland, I want to take our historical town and its people to a higher level of development through purposeful leadership through cooperation of all Ijesa sons and daughters both at home and abroad.
Adding that his intentions are pure and for the benefit of the sons and daughters of the ijesha land. “I intend to focus on the areas where the Ijesa’s have the comparative cost advantage over other towns in Yorubaland.
He has so far got the backings of the ijesa indigenes in diaspora to give him all the support in whatever way he might be needing them;
“ I have the support and assurance of Ijesa sons and daughters in the diaspora and they are ready to lend their hands and resources for the development of our ancestral land”
“I am ready to leave my comfort zone and answer the call of leadership to the throne of my forefathers, I have the pedigree, exposure, love and compassion to lead Ijeshaland and rewrite the history, culturally, economically and socially” he concluded.
It will be recalled that Ijeshas are a sub-ethnicity of the Yorubas of West Africa. Ilesha is the largest town and historic cultural capital of the Ijesha people, and is home to a kingdom of the same name, ruled by an Oba locally styled as the Owa Obokun Adimula. The last reigning Owa Obokun was Oba Gabriel Adekunle Aromolaran II, who joined his ancestors around September, 2023.
According to prince Oriyomi, “As Ijeshas, we need to connect our roots and stems to our present.
We (Ijeshas) are battle strong; we are smart business people; pace setters in everything we do. Our excellence should be studied.
What we need is a synergy of our strengths and a strong purpose of our collectivity’
He stressed further that if opportune to ascend the throne of his  ancestors, he will work with everyone to make Ijeshaland a prosperous land that would beam with pride, success while creating a generation of immaculate community.
”From our major towns of Iperindo, Ijebu-Ijesha, Osu, Esa Oke, Ikeji Arakeji, Owena, Imesi Ile, Ifewara and other several villages, we will have a land that we would bemoans opportunities and bliss” He added.
Dr. Oriyomi is married to princess Oluwaseun Akerele nee Bakre of the Gbagura clan of Egbaland.

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