The Inspector General of Police (IGP) and the Office of the Attorney General of the Federation (AGF) have stated their respective positions regarding a suit seeking to restrain the discontinuance of an eight-year alleged false information lawsuit before an FCT High Court, against a businessman, Benjamin Joseph.
The court had on June 22, 2024, restrained the Attorney General of the Federation, the Inspector General of Police, Managing Director of Citadel Oracle Concept Limited Mr. Benjamin Joseph, and other parties from taking any steps that would render the case challenging the AGF’s move to discontinue an eight-year alleged false information lawsuit before an FCT High Court useless.
Amid the positions of the parties in the case on Wednesday, Justice Inyang Ekwo of the Federal High Court in Abuja fixed November 14, 2024, for a hearing.
Brief Facts
The case was filed by Chief Onny S. Igbokwe and Princess O. Kama against the AGF, IGP, Mr. Benjamin Joseph, the Economic and Financial Crimes Commission, and Citadel.
The plaintiffs argue that the IGP is prosecuting Benjamin Joseph for knowingly providing the police with misleading (false) information in Charge No: FCT/HC/CR/216/16 at the FCT High Court, Abuja, before Justice Peter Kekemeke.
The case at the FCT High Court revolves around allegations that the owner of Citadel Oracle Concepts Limited, an Ibadan-based ICT retail firm, allegedly made malicious falsehoods over an alleged N170 million fraud against Zinox Chairman Leo Stan Ekeh.
The legal team of the plaintiffs, led by Ishaka M. Dikko (SAN), submitted that the FCT High Court charge is based on a special investigative report by the Special Fraud Unit (SFU) of the Nigeria Police Force, which indicates that Benjamin Joseph allegedly lied against the plaintiffs and their business partner.
The plaintiffs have asked the court to set aside the directive issued by the AGF to the IGP to take over and discontinue Charge No FCT/HC/CR/216/2016 between the Inspector General of Police and Benjamin Joseph, claiming it is unconstitutional, oppressive against the plaintiffs, and a gross abuse of prosecutorial powers.
The plaintiffs informed Justice Inyang Ekwo that one of the tactics Joseph allegedly used to frustrate the criminal charge at the FCT High Court was to keep petitioning the Office of the AGF (to previous occupants of that office) to intervene and take over the prosecution of the case from the police and discontinue it.
On his part, the legal team of Benjamin Joseph, led by Jude Muoka, denied all the submissions made by the plaintiffs before the court and regarding the case at the FCT High Court.
The defendant maintained that the letters of instruction from the AGF to the IGP regarding the case against him are part of the exercise of his constitutional powers as provided in Section 174 of the Constitution of the Federal Republic of Nigeria (as amended), asserting that his prosecution by the IGP is not only malicious but grossly oppressive.
Joseph’s lawyer urged the court to deny the reliefs sought by the plaintiffs, arguing that granting them would strip the AGF of his constitutionally bestowed powers.
What the IGP and AGF Are Saying
In an affidavit deposed by Inspector Jonah Ati of the Force Headquarters in Abuja, it was stated that results from a forensic examination of the disputed documents bearing the signature of Benjamin Joseph “revealed that the signature of Benjamin Joseph was not forged.”
He drew the court’s attention to the fact that the case began after a failed relationship between Joseph and Princess O. Kama.
He stated that they were allegedly in a relationship while she was at the Enugu State University of Science and Technology, and that Mr. Benjamin Joseph proposed to marry Princess O. Kama in 2001, but the marriage could not take place due to incompatibility, according to her, and they both parted ways.
“When the CP X-squad discovered that he was misled by Benjamin Joseph, he sent another counter-signal to the CP Legal FHQ Abuja directing that the trial of Benjamin Joseph should continue, as there were sufficient facts to prosecute the case,” he stated, corroborating the plaintiffs’ claim that Joseph tried to stall the criminal proceedings against him by petitioning the AGF alleging malicious prosecution in a case before a court of competent jurisdiction, where his no-case submission was dismissed, paving the way for the commencement of the defense.
“It is on the basis of Benjamin Joseph’s petition alone, without requesting any comment on the said petition from the IGP, that the AGF wrote to the IGP to withdraw the case from the court, which formed the basis of the plaintiffs’ application before this court,” he stated.
In the AGF’s response to the IGP, deposed by Oni Michael, he stated that the AGF’s office had perused the affidavit of facts filed by the IGP in the suit and discovered that some of “the dispositions contained therein are false, misleading, misconceived, do not reflect the exact facts, and are intended to mislead this Honourable Court.”
The AGF stressed that it is unheard of for the Economic and Financial Crimes Commission or any other agency, including the police, to charge an individual in court when no grounds exist for such.
He explained that prior to discontinuing the charge against Benjamin Joseph (the 3rd Defendant), the AGF had repeatedly transmitted letters to the Inspector General of Police directing him to discontinue the charge against Benjamin Joseph.
He asked the court to hold that the AGF’s actions to withdraw the matter at the FCT High Court were executed within his constitutional powers, as the power of discontinuance is legally vested in the AGF.
What Transpired in Court
At the court sitting on Wednesday, September 18, 2024, counsel for the plaintiffs, Basil Hemba, noted that there is an application by one of the defendants to refer the matter to the Court of Appeal for further constitutional interpretation of the AGF’s powers.
Justice Ekwo queried whether the parties had joined issues on the plaintiffs’ substantive case, and he was informed that the EFCC had no legal representation.
Ekwo ruled that he would consider all processes by the lawyers together and that if he decided to refer the case to the Court of Appeal, it would end there.
“Case adjourned to November 14, 2024, for hearing. On the date of hearing, the substantive matter will be taken together with the application for referral,” he said.
While there are reports claiming that an FCT High Court has struck out the case against Benjamin Joseph, parties before Justice Ekwo are scheduled to attend proceedings on November 14, 2024, regarding the case against the AGF, IGP, and Benjamin Joseph.
Back Story
An Abuja High Court had vindicated the long-held position of Zinox Technologies Ltd. and TD Africa, two of Nigeria’s leading technology giants, that its Chairman, Leo Stan Ekeh, and its staff, Company Secretary Barr. Chris Eze Ozims, and two others, Shade Oyebode and Charles Adigwe, had no wrongdoing in a protracted court case involving a N170 million Federal Inland Revenue Service (FIRS) contract.
On February 24, 2021, the court discharged and acquitted Princess Kama Onyeoma and Chief Onny Igbokwe, partners of Mr. Benjamin Joseph, who were accused of fraudulently executing the N170 million contract awarded to Citadel Oracle Concepts, an Ibadan-based ICT firm owned by Joseph.
Additionally, the sum of N20 million was awarded as damages against the complainant, Mr. Joseph, for frivolous and malicious petitioning and prosecution.