A High Court of the Federal Capital Territory Abuja in the Bwara Division has dismissed a fraud case brought against the Chairman of Zinox Technologies, Leo Stan Ekeh; his wife, Chioma Ekeh; and 11 others.
Justice Akpan Okon Ebong 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 Femi Falana (SAN) who acted on a fiat donated to him by the Attorney General and Minister of Justice, Lateef Fagbemi (SAN), 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.
However, in the Suit No CR/985/2024 refiled by Falana, on behalf of his client, Benjamin, the Chief Executive Officer of Citadel Oracle Concept Limited, an Ibadan-based computer firm, filed charges against Ekeh, nine other individuals and three companies before the Federal High Court in Abuja for allegedly diverting N162,247,513.80 being payment for laptop supply contract at the Federal Inland Revenue Service (FIRS) Headquarters which Technology Distribution Ltd (now TD Africa) supplied on behalf of Citadel in 2012.
The judge faulted Falana for expanding the defendants in the case from seven to 13. In his ruling on March 20, 2025, as seen in the certified true copy, Justice Akpan Ebong said, “The mere fact that a lawyer has been granted a fiat by the HAGF (Fagbemi) will not turn him into a Knight Errant, like Don Quixote, going everywhere looking for suspected criminals to prosecute.”
The judge ruled that the fiat empowered Falana to refile and prosecute the case and “it does not include the power to amend, add to or substitute the charge.”
“The Charge No. CR/827/2013 which he was asked to handle has just seven persons listed as defendants, whereas the instant charge filed by him has 13 defendants, almost double the number of persons he was authorised to prosecute,” the judge added.
“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.”
Justice Ebong also noted that none of the law enforcement agencies involved in the investigation of the nominal complainant’s numerous petitions has found merit in any of his allegations against the defendants.
The judge took an exception to what he described as efforts to maintain a campaign of persecution against the defendants.