Federal High Court sitting in Abuja has dismissed a fraud case filed against the Chairman of Zinox Technologies, Mr. Leo Stan Ekeh; his wife, Chioma Ekeh; and 11 others.

The latest dismissal came from Justice Akpan Ebong who struck out the suit filed by Mr. Femi Falana who said he was acting on a fiat granted by the Attorney General and Minister of Justice of the Federal Republic of Nigeria, Mr. Lateef Fagbemi, against Mr. Ekeh, and others.

In suit no. FCT/HC/CR/985/24, filed in November 2024, Falana, representing his client Benjamin Joseph (CEO of Citadel Oracle Concept Limited), brought charges against Ekeh, nine other individuals, and three companies before the Federal High Court in Abuja. The allegations involved the alleged diversion of N162,247,513.80, which was purportedly payment for a laptop supply contract at the Federal Inland Revenue Service (FIRS) headquarters. The contract was allegedly supplied in 2012 by Technology Distributions Ltd (now TD Africa), Sub-Saharan Africa’s largest tech equipment distributor, on behalf of Citadel.

However, in the certified true copy of the judgment dated March 20, 2025, Justice Ebong ruled, saying: “It is my conclusion, based on the foregoing, that this charge (No. FCT/HC/CR/985/2024, Federal Republic of Nigeria v. Leo Stan Ekeh and 12 ORS) constitutes a gross abuse of court process and is liable to dismissal. I accordingly hereby dismiss it.”

Before delivering his judgment, Justice Ebong reviewed previous rulings and petitions filed by Mr. Joseph, none of which had been decided in his favor. Justice Ebong said; “One intriguing aspect of this matter is that none of the law enforcement agencies investigating the nominal complainant’s (Mr. Joseph) numerous petitions found merit in his allegations against the defendants. When called upon before Justice Danlami  Senchi to prove his claims, he failed to appear in court. One then wonders on what basis he continues this campaign of persecution against the defendants.”

Previous judgments had established that Ekeh and the 12 others were not culprits but rather victims of a failed money diversion scheme. When contacted, one of the defendants, Mr. Chris Ozims, stated: “This ruling aligns with our consistent position on the allegations, and we are gratified to be vindicated once again by a competent high court.”   

He noted that Justice Ebong’s judgment was consistent with earlier rulings by other judges who had previously adjudicated the matter. The defendants’ lead counsel, Mr. Matthew Burkaa, described the judgment as “a victory for integrity and the rule of law.”

Court documents revealed that Falana’s suit was based on the same claims previously dismissed by various courts.

The case stemmed from a contract between Citadel and Technology Distributions Limited for the supply of computers to FIRS, a project fully funded by Technology Distributions and entirely unrelated to Zinox and Mr. Ekeh.

Mr. Joseph had previously lost this case (and related suits) in multiple courts. In his 2013 petition to the police, authorities discovered that he had provided wrong information, prompting the Inspector General of Police to charge him (Charge No. CR/216/16).  In another case (Charge No. FCT/HC/CR/244/2018), filed by the EFCC at Joseph’s behest against his business partner, Princess Kama, Justice Senchi (then of the FCT High Court) dismissed all allegations and imposed N20 million in damages against Joseph.

Earlier court records showed that Joseph, in a sworn affidavit (Suit No. LD/4335/2014, Lagos State High Court, June 28, 2019), admitted that his company, Citadel, never executed any contract with FIRS and that he was unaware of any contract award to Citadel.

In his deposition, Joseph stated: “Citadel did not at any time execute any contract for FIRS, nor did the 2nd defendant (Princess O. Kama), its agent, deliver any documents indicating that the contract or any other was awarded to it by FIRS or any other body.”  However, a letter from FIRS (Ref: FIRS/PD/GDS/2559, February 11, 2014), signed by Idrissa Kogo (Head, Legal Department), contradicted Joseph’s claims:  “Contrary to your client’s assertion that they knew nothing about the contract execution and received no payment, our records show otherwise. Your client instructed FIRS, via a letter dated December 13, 2012, to deal with Princess Kama (their agent). Through three subsequent letters (December 20, 2012), your client directed FIRS to pay into their Access Bank account. FIRS complied with these instructions diligently.”

The letter was in response to an inquiry from Afe Babalola & Co., then representing Citadel Oracle Concept Ltd and Mr. Benjamin Joseph.  The current charges filed by Falana (based on the Attorney General’s fiat) mark the third attempt, following:  Charge No. CR/469/2022 (struck out by Justice C. O. Oba, FCT High Court, November 8, 2022), a re-filed case before Justice A. S. Adepoju, FCT High Court, which was struck out on March 19, 2024, with the judge stating: “This matter was brought in dead, extinct, and should be confined to the dustbin of history. I hold that the instant suit is an abuse of court process and is hereby struck out accordingly.”