Justice A. O. Abang of the High court of Federal Capital Territory (FCT) Abuja, has dismissed a criminal charge filed against Technology Distributions Limited and Zinox Technologies Limited by the office of Attorney-General of the Federation (AGF).
Justice Abang dismissed the charges for being illegal, unconstitutional and abuse of court processes, while upholding the preliminary objections filed by the two firms through their lawyers, Mr. Mathew Burkaa and Gboyega Oyewole both Senior Advocates of Nigeria (SAN)
The two freed companies were among the 13 defendants charged before the court on a 15 count-charge of criminal misappropriation to obtaining by false pretence, abetment of theft, false personation, criminal conspiracy, forgery, abetment of forgery and theft.
Others listed as first to eleventh defendants in the charge marked CR/985/2O24 are: Leo Stan Ekeh; Chioma Ekeh; Mr. Chris Eze Ozims; Oyebode Folashade; Charles Adigwe; Obilo Onuoha; Agartha Ukoha; Anya O. Anya; Femi Dosumu; Nnenna Kalu and Admas Digital Technologies Limited.
The charge was filed by Mr. Femi Falana (SAN), by the fiat issued by the office of the Attorney-General of the Federation (AGF).
During the pendency of the charge, Mr. Burkaa (SAN) and Mr. Oyewole (SAN), challenged the competence of the charges against their clients, Technology Distributions Limited and Zinox Technologies Limited respectively, by filed preliminary objections.
While counsel to Technology Distributions Limited sought eight orders in support of his preliminary objection to the charge. Oyewole (SAN) sought only two orders while the charges against his client, Zinox Technologies Limited, should be dismissed.
The two orders sought by Oyewole (SAN) were; “an order of the honourable court suspending the arraignment of the applicant and other defendants in this Charge No. FCT/HC/CR/985/2024: Federal Republic Of Nigeria V. Leo Stan Eke & Ors pending the determination of the application.
“An order of the honourable court striking out/dismissing this charge in it’s entirety for being unconstitutional, flagrant abuse of judicial process and for want of jurisdiction in this honourable court to entertain same.”
Specifically, both Burkaa and Oyewole, premises their preliminary objections on the ground that: number of other criminal charges have been filed in the FCT High Court against these defendants, the charges include: CR/469/2022: FRN V. Leo Stan Ekeh & 10 Ors; CR/827/2013: FRN V. Chris Eze Ozims and 6 Ors; FCT/HC/CR/244/2018: Federal Republic Of Nigeria V. Princess Kama & Anor; which have been dismissed by different court.
The two senior lawyers therefore urged the court to dismiss the suit for being frivolous, unconstitutional and abuse of court processes.
Ruling on the two firms’ preliminary objections, Justice Abang after reading through all the processes filed by the parties and the plethoras of authorites cited, held that: “……. 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 & 12 Ors) constitutes a gross abuse of court process and is liable to dismissal. I accordingly hereby dismiss it…….
“The objection of the 13th defendant equally succeeds on issues 1 and 2 thereof, and the two prayers contained in that objection are granted, but only on the ground of abuse of process.”
