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AGF Withdraws Falana's Authorization in Zinox Fraud Case

Published 7 hours ago4 minute read
AGF Withdraws Falana's Authorization in Zinox Fraud Case

The Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, has withdrawn the fiat previously granted to Mr. Femi Falana, SAN, to prosecute Mr. Leo Stan Ekeh, Chairman of Zinox Technologies, and 12 others. The initial fiat, issued on December 20, 2023, authorized Falana to proceed with the alleged fraud case. This decision to withdraw the authorization came after a request from Mr. Mathew Burkaa, SAN, the defense counsel representing Ekeh and the other defendants, in suit FCT/HC/CR/985/2024.

According to Mr. M. B. Abubakar, the Director of Public Prosecutions of the Federation, Burkaa had repeatedly requested the AGF to withdraw the fiat. In a letter dated May 6 and addressed to Burkaa, the AGF stated that the decision to withdraw the authorization was made after considering Burkaa’s request and a review of the case's facts and circumstances. The AGF's letter to Burkaa confirmed the withdrawal of the fiat, which had been granted to Femi Falana on December 20, 2023.

A separate letter, dated May 2 and addressed to Falana, formally communicated the withdrawal of authorization under Section 174 of the Constitution of the Federal Republic of Nigeria, 1999, as amended. The letter instructed Falana to withdraw Charge No. FCT/HC/CR/985/2024, involving the Federal Republic of Nigeria against Leo Stan Ekeh and 12 others, stating that the withdrawal was in the interest of justice.

This is not the first instance of the AGF withdrawing a fiat granted to Falana in this matter. The former AGF and Minister of Justice, Mr. Abubakar Malami, SAN, had previously withdrawn a similar fiat in a letter dated October 28, 2022, following Falana's application. Consequently, charges filed by Falana based on that initial fiat were struck out by two justices of the FCT High Court, Abuja.

Upon the appointment of the current AGF, Prince Lateef Fagbemi, Falana reapplied for and received a new fiat, leading to the filing of a new case, Charge No. FCT/HC/CR/985/2024, against Leo Stan Ekeh and 12 others, based on the same allegations. However, after a further review by the Ministry of Justice, the AGF concluded that it was “in the interest of justice” to withdraw the fiat and the associated charges.

The case and related suits have been dismissed three times by different courts. Most recently, on March 20, 2025, Justice Akpan Okon Ebong of the FCT High Court struck out the case filed by Falana against Ekeh and the other defendants, citing the now-withdrawn fiat. The defendants in the suit include Mr. Chris Eze Ozims, Oyebode Folashade, Charles Adigwe, Obilo Onuoha, Agartha Ukoha, Anya O. Anya, Femi Dosumu, Nnenna Kalu, Admas Digital Technologies Limited, Technology Distributions Limited, and Zinox Technologies Limited.

The suit, FCT/HC/CR/985/24, filed by Falana in November 2024 on behalf of his client, Benjamin Joseph, concerned alleged diversion of N162,247,513.80 related to a laptop supply contract at the FIRS Headquarters. Justice Ebong, in the judgment dated March 20, 2025, ruled that the charge constituted a gross abuse of court process and dismissed it.

Justice Ebong noted that none of the law enforcement agencies involved in investigating Joseph’s petitions found merit in his allegations against the defendants. Joseph had also failed to provide evidence when called upon in court, raising questions about the basis for his “campaign of persecution” against the defendants.

Previous judgments had determined that Ekeh and the others were victims of a failed money diversion scheme orchestrated by Joseph and Citadel. The charges filed by Falana, based on the Attorney General's fiat, marked the third attempt by Joseph to pursue the case. Joseph had previously filed charge no. CR/469/2022, which was struck out by Justice Christopher O. Oba on November 8, 2022, due to the withdrawal of the Attorney General's authority. Subsequently, Joseph filed the same charges before Justice Ade S. Adepoju, who also struck them out on March 19, 2024, deeming the suit an abuse of court process.

In 2013, Joseph was accused of providing false information to the police, leading to his being charged for false information in charge no. CR/216/16. Additionally, in a case filed by the EFCC against Joseph’s partner, Princess Kama, Justice Danlami Z. Senchi dismissed Joseph’s allegations as false and imposed N20 million in damages against him for false petitioning.

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