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Falana Vs Zinox: AGF Withdraws Right Of Prosecution

He noted that the fiat ought not to have been donated to him in the first place.


 

The Office of the Attorney General of the Federation (AGF) and Minister of Justice has withdrawn the fiat donated to Femi Falana SAN, purporting to prosecute a case against Chairman of Zinox Technologies, Leo Stan Ekeh, and 12 others.

This is the second time that such fiat has been withdrawn by the AGF in a case which has lingered for 13 years over a transaction between Citadel Oracle Concept Limited, an Ibadan-based computer firm owned by an Enugu State indigene, Benjamin Joseph, and Technology Distributions Limited over the supply of computers to the Federal Inland Revenue Service (FIRS).

The project in which Technology Distributions fully extended credit to COCL was said to have no bearing whatsoever with Zinox and its promoter, Ekeh.
The AGF, Lateef Fagbemi, SAN, in a letter dated May 2, 2025, addressed to the Principal Partner, Falana and Falana Chambers, and signed by the Director, Public Prosecutions of the Federation, M. B. Abubakar, on behalf of the AGF and Minister of Justice, directed Falana to withdraw Charge No: FCT/HC/CR/985/2024 between FRN.v. Leo Stan and 12 others, in the interest of justice.

READ ALSO: Court Dismisses Falana’s Fraud Case Against Zinox, Others

He noted that the fiat ought not to have been donated to him in the first place.

The letter titled, ‘Withdrawal of Authorisation Under Section 174 of the Constitution of the Federal Republic of Nigeria, 1999 as Amended,’ read, “I am directed to write in reference to the above caption and to inform you that the 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Federal Republic of Nigeria, 1999, as amended and Section 106 of the Administration of Criminal Justice Act, 2015, has withdrawn the fiat earlier granted to you dated December 20, 2023 to prosecute the case mentioned below at the expense of the nominal complainant, Joseph Benjamin: FRG V. Chris Eze Ozims and 6 others, Charge No: CR/827/2013.

“You are accordingly, requested to withdraw Charge No; FCT/HC/CR/985/2024 between FRN v. Leo Stan Ekeh and 12 others in the interest of justice.”
The withdrawal to the chamber of Matthew Burkka & Co., chief counsel for the defendants, was conveyed by the Director, Public Prosecutions of the Federation, via a letter dated May 6, 2025.

The letter read in part, “I am to inform you that after a consideration of your request, the facts and circumstances of the case, the Attorney General of the Federation has withdrawn the fiat donated to Messrs. Femi Falana SAN, dated December 20, 2023 vide a letter dated 2nd May, 2025.”

In March, the High Court of the Federal Capital Territory, Abuja, in the Bwara Division dismissed a fraud case brought against Ekeh; his wife, Chioma Ekeh; and 11 others.

Justice Akpan Okon Ebong had ruled that the charge in Suit No CR/985/2024 “constitutes a gross abuse of court process and is liable to dismissal. I accordingly hereby dismiss it”.

The case was filed in November 2024 by Falana, who acted on a fiat donated to him by the AG and Minister of Justice against the chairman of Zinox Technologies and 12 others.

The other defendants in the case are Chris Ozims, Oyebode Folashade, Charles Adigwe, Obilo Onuoha, Agartha Ukoha, Anya Anya, Femi Dosumu, Nnenna Kalu, Admas Digital Technologies Limited, Technology Distributions Limited, and Zinox Technologies Limited.

The fiat empowered Falana to refile and prosecute a previous case with Charge No CR/827/2013 between the Federal Republic of Nigeria and the legal adviser of Zinox Technologies Limited, Chris Ozims, and six others at the expense of the nominal complainant, Joseph Benjamin, as requested.