FALANA vs ZINOX, 12 OTHERS: AGF Withdraws Prosecution Fiat from Femi Falana—Again

For the second time, the Office of the Attorney General of the Federation (AGF) and Minister of Justice has withdrawn the prosecutorial fiat previously granted to Femi Falana, SAN, in a long-running case involving Mr. Leo Stan Ekeh, Chairman of Zinox Technologies, and 12 others.

The case stems from a business transaction dating back 13 years involving Citadel Oracle Concept Limited—an Ibadan-based computer firm owned by Mr. Benjamin Joseph—and Technology Distributions Limited, over the supply of computers to the Federal Inland Revenue Service (FIRS). Notably, the transaction had no direct involvement from Zinox Technologies or its promoter, Mr. Ekeh.

In the latest development, the AGF, Mr. Lateef Fagbemi, SAN, via a letter dated May 2, 2025, directed the withdrawal of Charge No: FCT/HC/CR/985/2024 (FRN v. Leo Stan Ekeh & 12 Others). The letter, signed by Mr. M.B. Abubakar, Director of Public Prosecutions, stated that the fiat should not have been granted in the first place and that its continued use was no longer in the interest of justice.

The letter, titled “Withdrawal of Authorization Under Section 174 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended)”, reads in part:

“The Honourable Attorney General of the Federation and Minister of Justice, in exercise of powers under Section 174 of the Constitution and Section 106 of the Administration of Criminal Justice Act, 2015, has withdrawn the fiat earlier granted to you on December 20, 2023, to prosecute the case below at the behest of the nominal complainant, Mr. Benjamin Joseph.”

The same message was communicated to the defence team, led by the law firm of Matthew Burkka & Co., via a letter dated May 6, 2025.

This is not the first withdrawal of fiat in the matter. Former AGF Abubakar Malami, SAN, also withdrew a similar fiat granted to Falana in a letter dated October 28, 2022, after which the charges were struck out by Justices Christopher O. Oba and Ade S. Adepoju of the FCT High Court.

Despite this, upon the appointment of the current AGF, Mr. Falana reapplied and was again granted a fiat, with which he filed a fresh case—Charge No: FCT/HC/CR/985/2024—against Mr. Ekeh and others. However, following a review, the AGF concluded that the continued prosecution was not in the interest of justice.

On March 20, 2025, Justice Akpan Okon Ebong of the FCT High Court struck out the new charge, describing it as “a gross abuse of court process.”

Justice Ebong noted:

“None of the law enforcement agencies investigating Mr. Joseph’s numerous petitions found merit in any of his allegations. When summoned to prove his claims, he failed to appear. This amounts to a campaign of persecution against the defendants.”

Judicial history reflects a consistent rejection of Mr. Joseph’s claims. In November 2022, Justice Christopher O. Oba struck out a similar case (CR/469/2022), citing the earlier withdrawal of the AGF’s fiat. Justice Ade S. Adepoju echoed this position in March 2024, stating:

“This matter was brought in dead, extinct, and should be confined to the dustbin of history.”

Investigations by police authorities in 2013 revealed that Mr. Joseph provided false information, leading to his prosecution under Charge No. CR/216/16. Similarly, in Charge No. FCT/HC/CR/244/2018, brought at his behest against a former partner, Princess Kama, the EFCC’s case was dismissed by Justice Danlami Z. Senchi, who imposed N20 million in damages against Mr. Joseph for filing a false petition.

Legal observers have characterized the repeated filings as a calculated misuse of judicial resources, aimed at harassing individuals who have been repeatedly cleared of wrongdoing by multiple courts and investigative agencies.