The fiat, initially issued in 2022 by former Attorney General of the Federation (AGF) Abubakar Malami (SAN) and later reinstated by current AGF Lateef Fagbemi (SAN), was recently withdrawn again by the Director of Public Prosecutions, M.B. Abubakar.

A high-profile contract fraud case involving Zinox Technologies Chairman, Leo Stan Ekeh, his wife, and 11 others has been stalled once again after the Director of Public Prosecutions of the Federal Government under President Bola Tinubu’s administration revoked the prosecutorial fiat granted to human rights lawyer Femi Falana, SAN.

The fiat, initially issued in 2022 by former Attorney General of the Federation (AGF) Abubakar Malami (SAN) and later reinstated by current AGF Lateef Fagbemi (SAN), was recently withdrawn again by the Director of Public Prosecutions, M.B. Abubakar.

A source familiar with the case told SaharaReporters that the repeated revocations reflect efforts by powerful interests to block the prosecution of those accused of forging documents belonging to Citadel Oracle Concepts Limited to fraudulently obtain ₦170.3 million from the Federal Inland Revenue Service (FIRS).

The company’s managing director, Benjamin Joseph, is the nominal complainant.

“News platforms had misinformed Nigerians that the case had been determined. So this is just to let people know that the case is very much alive. They are doing everything they can to stop the case. But the case is still on,” the source told SaharaReporters on Sunday.

The source explained how Malami promised to prosecute the suspects for the alleged fraud but later reneged on the promise

He described the actions of the former AGF as shameful and indicative of a justice system undermined by political interference.

“And for the attorney general to now go against his promise. It is a shame, and it is only in Nigeria that such an incident can occur,” he said.

The source noted that when the Tinubu administration took over and a new attorney general, Lateef Fagbemi (SAN), was appointed, there was hope that the case would finally see the light of day.

“Then the new attorney general came in, and another government came in. A letter was written to them. They rechecked the case file. And again, they saw infringement, they saw crime,” the source said, describing Joseph's experience as oppressive.

“Surprisingly, the same MD Abubakar, the DPP, sent a letter of revocation again,” the source said.

“AG has not said anything as the reason for the revocation, and he has not taken any action to prosecute by himself. There are no new facts; the facts of the case still remain the same.”

A copy of the revocation letter written by M.B. Abubakar, DPP of the Federation, which SaharaReporters obtained, is dated May 2, 2025 and was addressed to Falana & Falana Chambers. The letter reads: “I am directed to write in reference to the above caption and to inform you that the Honorable Attorney General of the Federation and Minister of Justice in exercise of the power conferred upon him by section 174 of the Constitution of the Federal Republic of Nigeria 1999, as amended and section 106 of the Administration of Criminal Justice Act, 2015 has withdrawn the fiat earlier granted to you dated 20th December, 2023 to prosecute the case mentioned below at the expense of the nominal complainant Mr. Joseph Benjamin: FRN V. CHRIS EZEH OZIM & 6 ORS, CHARGE NO: CR/827/2013.

“You are accordingly, requested to withdraw Charge no: FCT/HC/CR/985/2024 Between FRN V. LEO STAN & 12 ORS in the interest of justice.

“Please be rest assured of the esteemed regards of the Honorable Attorney General of the Federation and Minister of Justice.”

The source also explained that some of the accused persons are now attempting to stall a related civil suit scheduled to be heard in a Lagos court.

“The ruling that is coming tomorrow in Lagos was because of an application for a stay of proceedings filed by two of the defendants, Chief Onny Igbokwe and Princess Kama. They are asking for a stay of proceedings because they don’t want the case to be heard at all. This is a civil suit, different from the criminal suit earlier filed,” the source explained.

“They had earlier filed that the court should adjourn this case indefinitely until Joseph Benjamin paid them N20 million. Meanwhile, that N20 million case has been appealed. There is a stay of execution to that effect. So now that the court has said they are interested in hearing the civil case, that is why they want to use that judgment for the court to stay the proceedings indefinitely.”

The source stated that the judge had dismissed the application, arguing that the individual, Joseph Benjamin, is distinct from the corporate entity Citadel Oracle Concept, and that any judgment in one case could not be used to delay another.

“They are now appealing the ruling of that court. In appealing the court's ruling, they are now filing a stay of proceedings. That the court should stay until the appeal court determines the ruling of the court,” the source said.

The case, which has dragged on for more than a decade, is now seen by legal observers as a test of the Tinubu administration’s commitment to the rule of law and justice.

Background

On December 25, 2024, SaharaReporters reported that the AGF and Minister of Justice, Fagbemi had officially authorised Falana to file fraud charges against the Chairman of Zinox Group, Leo Stan Ekeh, his wife, Chioma and 8 other individuals and three companies, on behalf of the Federal Government of Nigeria.

In a correspondence by Fagbemi, dated December 20, 2023, and obtained by SaharaReporters, the AGF noted that the prosecution of Ekeh and others was at the expense of the nominal complainant, Mr. Joseph Benjamin as requested.

The then AGF and justice minister, Abubakar Malami, SAN, had for years shielded the persons from prosecution, thereby frustrating the case and hindering thorough investigation.

In the memo obtained by SaharaReporters, titled, "Authorisation Under Section 174 Of The Constitution Of The Federal Republic Of Nigeria 1999 As Amended', and addressed to the Federal Ministry of Justice, the AGF said, "In the exercise of the powers conferred upon the Attorney General of the Federation and Minister of Justice by section 174(1) of the Constitution of the Federal Republic of Nigeria 1999 as amended, I, Lateef Olasunkanmi Fagbemi, SAN, Honourable Attorney General of the Federation and Minister of Justice, hereby authorize; Mr. Femi Falana of Falana & Falana & Co. of 22 Mediterranean Street, Imani Estate, Abuja- FCT, Nigeria to exercise the Powers on my behalf with particular reference to the refiling and effective Prosecution of Charge No. CR/827/2013 between Federal Republic of Nigeria and Chris Eze Ozim and 6 ORS at the expense of the nominal complainant, Mr. Joseph Benjamin as requested.

"You are to also ensure diligent prosecution and consistent update on the progress report of the case to my office without let or hinderance."

SaharaReporters previously reported that the government took legal action against Leo Stan Ekeh, his wife, Chioma and 8 other individuals and 3 companies, charging them before the Federal High Court in Abuja for allegedly diverting N162,247,513.80 intended for a laptop supply contract at the Federal Inland Revenue Service (FIRS) Headquarters.

The funds, domiciled in account number 0059202675 with Access Bank Plc, were reportedly misappropriated by the defendants under the guise of payment to Citadel Oracle Concept Limited.

The Complainant – the Federal Government of Nigeria – alleges that the accused knowingly used the account to receive and launder proceeds from the contract, despite being aware of its illicit nature.

The charge sheet, filed under case number FCT/HC/CR/985/24, lists individuals and entities, listed Leo Stan Ekeh, Chioma Ekeh, Mr. Chris Eze Ozims, Oyebode Folashade, Charles Adigwe, Obilo Onuoha, Agartha Ukoha, Anya O. Anya, Femi Dosumu, and Nnenna Kalu as the Defendants.

The companies involved are Admas Digital Technologies Limited, Technology Distributions Limited, and Zinox Technologies Ltd.

The 15 counts filed on November 26, 2024 and received by the high court on November 28, 2024, were signed by Falana on behalf of the AGF.

One of the charges read in part, "That you Chris Eze Ozims "M", Folashade Oyebode "F", Leo Stan Ekeh "M", Chioma Ekeh "F", Charles Adigwe "M", Obilo Onuoha "M", Agartha Ukoha "F", Anya o. Anya "M', Nnenna Kalu "M", Femi Dosumu "M", Technology Distributions, Admas Digital Technologies Limited And Zinox Technologies Limited on or about the 30th day of January 2013, in Federal Capital Territory, Abuja within the jurisdiction of the honorable court jointly and severally acted to criminally misappropriate the sum of N 162, 247, 513. 8k (One hundred and sixty-two million, two hundred and forty-seven thousand, five hundred- and thirteen-naira, eight kobo) in account number 0059202675 domicile in Access Bank Plc being proceed of Federal Inland Revenue Headquarters Abuja contract for supply of laptops which you fraudulently diverted and received with the said amount in the name of Citadel Oracle Concept Limited. You thereby committed an offence contrary to Section 79 and punishable under section 390 of the Penal Code cap 532LFN Abuja (1990).”