These are not the best of times for Leo Stan Ekeh led Zinox Computers as the Attorney General of the Federation, Abubakar Malami, has again begun moves that could lead to the prosecution of top officials of Zinox Group for an alleged N170 million contract fraud.
Zinox Computers Boss, Leo Stan Ekeh
The Company Secretary of Zinox Group and Technology Distributions Limited, TD, Chris Ozims, and a director of TD, Folashade Oyebode, were accused of illegally hijacking, executing and sharing with their allies the proceeds of the contract awarded by the revenue agency, FIRS, to another firm.
An Ibadan-based computer retail firm, Citadel Oracle Concept Limited, had accused the officials of conniving with others for the alleged illegal act.
Although investigation into the matter was completed by the Special Fraud Unit, SFU, of the Nigeria Police in 2014 which said it established a prima facie case against the suspects, prosecution stalled after the police refused to release the case file to the Director for Public Prosecution, DPP.
The attorney general has now formally moved to take over the case. The AGF also asked the Inspector General of Police, Abubakar Idris, to direct the police to return the original case file to the DPP in his office.
Mr. Malami’s decision was conveyed by a senior counsel in his office, S. R. Mahmud, who announced appearance for the prosecution at the resumed hearing of the case before Justice Peter Kekemeke of the High Court of the Federal Capital Territory, Apo.
“We are here to formally inform the court that the Attorney General of the Federation has taken over this matter henceforth,” Mr. Mahmud told the court on January 30.
But, the announcement appeared to have taken the court by surprise, particularly Simon Lough, the police prosecution in the case, who for over two years resisted all moves to get him to turn in the original case file.
Consequently, based on Mr. Lough’s opposition and request for time to enable him confirm the directive from the AGF’s office, the case was adjourned till March 13, 2018 for mention and continuation of hearing.
This is the second time that the AGF would announce his decision to take-over prosecution of the case from the police. On May 8, 2015, Citadel Oracle had petitioned then IGP, Solomon Arase, to highlight its frustrations to get the police to get the suspects prosecuted.
But, on May 15, 2015 Mr. Arase responded with an advice that the case be allowed to run its full course to prevent a miscarriage of justice.
Not satisfied, Citadel took its case to the Vice President, Yemi Osinbajo, who directed the Economic and Financial Crimes Commission, EFCC, to investigate.
Mr. Arase had later ordered that the company’s managing director, Benjamin Joseph, be charged for peddling false information. On June 2, Mr. Joseph was formally arraigned by the police before Justice Kekemeke.
The police prosecution counsel, Mr. Lough, filed a one-count charge of “false petitioning to mislead the IGP” against him. All the accused persons were named as witnesses.
Alleging victimisation, Mr. Joseph petitioned the AGF. He blamed his travails on ‘insider manipulations’ orchestrated by a ministry top official. Following his petition, the AGF directed the DPP to take-over the case to avoid miscarriage of justice.
Consequently, on December 7, 2016 a senior counsel from the Ministry of Justice, Aniekan Ekong, announced the formal take-over of the case in court. Mr. Ekong also asked the police to hands off the case and transfer the case file to the DPP for the prosecution of the accused.
However, at the resumed hearing on February 28, Mr. Lough came up with a letter signed by the DPP, Mohammed Umar, upturning the AGF’s earlier directive. The letter reinstated the police to continue Mr. Joseph’s trial to its logical conclusion.
Mr. Joseph revealed that findings from the Ministry of Justice revealed that Mr. Umar’s letter upturning the AGF’s earlier directive was based on a petition dated December 13, 2016 by a private law firm, Integrity Law Firm.
A copy of the letter was signed by Innocent Eriomionkhale, who alleged that the AGF had been misinformed over his decision to take-over the prosecution. Mr. Eriomionkhale told AGF that withdrawing prosecution in the case from the police would derail a pending trial against Mr. Joseph.
According to Mr. Joseph, further findings also revealed that Mr. Eriomionkhale was the younger brother to Stella Anukam, the director of International & Comparative Law in the ministry, who doubles as the lead partner in Integrity Law Firm, the private law firm that wrote the protest against the AGF’s take-over of the case.
On April 11, 2017, counsel to Citadel Oracle, Udah, Bala, James & Partners, in another petition to the AGF alleged that Mrs. Anukam was the ministry insider working to “truncate” the case. The firm asked the AGF to investigate Mrs. Anukam, particularly her ties with Integrity Law Firm.
The ICT firm further said Mrs. Anukam’s role in the private law firm violated public service rules barring government officials from private practice. Late last year, a reminder letter was sent to the AGF that his instruction to the police to turn in the case file was yet to be obeyed by Mr. Lough. On January 11, 2018, yet another reminder was sent, this time to alert the AGF of alleged fresh moves to stall the case.
– Culled from PremiumTimes