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FG Orders Prosecution to Logical Conclusion of Benjamin Joseph, Alleged Blackmailer of Zinox Chairman

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The Federal Government has ordered the continuation of prosecution to a logical conclusion of one Benjamin Joseph, owner of Citadel Oracle Concepts Limited, an Ibadan-based ICT retail firm and alleged accuser of the Zinox Chairman, Leo Stan Ekeh, for malicious falsehood over an alleged N170m fraud.

The order was communicated via a letter dated 6th June from the office of the Attorney General of the Federation, Abubakar Malami to the Inspector General of Police, Usman Baba and communicated to the courts by the IGP on 26th September 2022.

This was confirmed in a statement by Matthew Burkaa, a Senior Advocate of Nigeria (SAN).

According to the statement, Joseph has a previous court judgment of N20m as damages awarded against him by an FCT High Court Abuja, for giving the Federal Government false information after accusing Ekeh of fraudulently converting a contract awarded to his firm by the Federal Inland Revenue Service (FIRS) in 2012. Furthermore, the statement revealed that Joseph is facing another criminal charge for false petitioning before Honourable Justice Peter Kekemeke of the High Court of the FCT, Abuja.

The SAN, who disclosed that this clarification is necessary in informing the public to disregard the various sponsored media reports being circulated online and on social media by Joseph against the Zinox Chairman, also stated that every available legal means will be employed to address the libelous contents in the referenced publications and seek for appropriate remedies and damages, where necessary.

The statement reads in part: ‘‘We act for Mr. Leo Stan Ekeh, Technology Distributions Limited (TD) and its staff Chioma Ekeh, Chris Eze Ozims, Oyebode Folashade and Charles Adigwe (hereinafter referred to collectively or individually as “Our Clients”).

 ‘‘Our Clients have drawn our attention to several online publications, containing some false, distorted and damaging contents in the SAHARA REPORTERS of October 2, 2022 titled: ZINOX GROUP CHAIRMAN, WIFE, 11 OTHERS FACE TRIAL IN NIGERIAN COURT OVER ALLEGED N170M CONTRACT FRAUD NINE YEARS AFTER. A Similar story with the same content was published in OPERA NEWS on 29th September, 2022, and in the NATIONAL WAVES on 29th September 2022 titled: LEO STAN EKEH’S ALLEGED N170.3M FRAUD SCANDAL RESURFACES; and also in THE NEWS MATRICS (Online News Paper Publication) published on the 30th September 2022 titled: FG TO PROSECUTE ZINOX BOSS, EKEH, WIFE OVER ALLEGED N170.3M FRAUD. THE WITNESS (online newspaper) of September 29, 2022, also carried the story. Copies of these online publications have gone viral on social media and have been read globally by different persons and diverse groups, who have been worried by the content of the publication and have continued to bombard our Clients with calls expressing their utter shock and consternation at the content of the publications.

‘‘First of all, of great concern, is how a straightforward business transaction between two corporate entities, Technology Distributions Limited (TD) and Citadel Oracle Concepts Limited has been skewed in a manner to give the erroneous impression that a personal business was transacted by individuals, to wit: Mr. Leo Stan Ekeh, his wife and his named staff with one Mr. Benjamin Joseph. Such personalisation (as carried by the publications) was apparently to achieve an ulterior motive to blackmail, drag, embarrass, and bring down the persons so named in the publication, while the author of the publications appears as a victim and continues to bask in a vain glory.’’

Specifically, Burkaa disclosed that reports of investigation reports by various authorities including the Nigerian Police Force, Special Fraud Unit (SFU) and the Economic and Financial Crimes Commission (EFCC) reveal that Mr. Ekeh and Zinox Technologies Limited are not connected in any way to the allegations that formed the basis of the said libellous publications.

‘‘In fact, in all the investigations by the Nigerian Police and the EFCC, Mr Leo Stan Ekeh, Technology Distributions Limited (TD) and its staff, Mrs. Chioma Ekeh, Mr. Chris Eze Ozims, Mrs. Folashade Oyebode, and Mr. Charles Adigwe have been formally and severally vindicated and absolved of any wrong-doing as the entire allegations were found to be false. On the contrary, the mastermind of all the allegations, a certain Mr. Benjamin Joseph, is presently standing trial in Court for forwarding false allegations via a Petition containing the very allegations that formed the basis of the referenced publications to the Federal Government of Nigeria. That Charge is still pending in Court.’’

Also, he held that neither Mr. Ekeh nor the other persons mentioned in the articles had been served with any charge by the law firm of FALANA & FALANA, as falsely claimed, adding that they only read of the existence of the charge in the media. Burkaa, who condemned the development, described it as going against all known ethics of the administration of justice in Nigeria, especially as the said charge has been widely circulated on print and electronic media with all its details and the full names of persons mentioned along with the charge number.

In addition, he stated that the FG has filed a formal charge against Benjamin Joseph for submitting a false petition against Mr. Ekeh, his wife, Mrs. Chioma Ekeh and other persons mentioned in the articles, while noting that the same falsehood has now been reported in those media publications as the content of the charge against them.

Burkaa noted that: ‘‘The Criminal Charge will be coming up before His Lordship, the Hon. Justice U.P. Kekemeke of the FCT, High Court, Abuja on the 3rd day of November, 2022 for the defence of Mr. Benjamin Joseph whose “No Case Submission” had been dismissed by the Court, indicating that he has a case to answer. The Federal Government has also written letters through the Director of Public Prosecution of the Federation (DPPF) and the Nigerian Police Force for the continuation of the said prosecution. The letters are dated 6th of June, 2022 and 26th September, 2022.

‘‘It is therefore appalling to our Clients to read, via the above publications, that a Charge had been filed against them by a private law firm associated with Mr. Benjamin Joseph because, they (our Clients) had by a letter dated 19th November, 2018 drawn the attention of the Honourable, the Attorney General of the Federation to the fact that, it was apparent that the Law firm of FALANA &FALANA was acting on the instructions of Mr. Benjamin Joseph, the MD of Citadel Oracle Concepts Limited, who is the Defendant standing trial in Charge No: CR/216/2016.

‘‘More shocking to our Clients is the fact that the Nominal Complainant (Benjamin Joseph) in Charge No: FCT/HC/CR/469/2022 which formed the basis of the above online publications, is the Defendant in Charge No: CR/216/2016 and the subject matter in Charge No: FCT/HC/CR/469/2022 is the very basis for the prosecution of Mr. Benjamin Joseph in Charge No: CR/216/2016.

‘‘It is also imperative to point out that the High Court of the FCT, Per D.Z Senchi J. (as he then was) in Charge No: FCT/HC/CR/244/2018 dismissed as “false petitioning” the very allegations forming the basis of the new charges filed by FALANA & FALANA’S Chambers, and indicted the said Benjamin Joseph for forwarding false information to the Nigerian Police. The court went ahead to slam a fine of N20million against him for writing a Petition containing falsehood against our Clients and to serve as a deterrent to others who might want to mislead security agencies by forwarding false complaints against innocent Nigerians. The said Judgment is dated the 24th day of February, 2021. In fact, Chioma Ekeh and Chris Eze Ozims, who are also supposedly charged in the referred charge, were prosecution witnesses against Benjamin Joseph in the two previously filed charges. So, the present Charge includes the very persons who had been discharged and acquitted on the same set of facts and in whose favour there is a subsisting Judgment.’’

Meanwhile, the SAN added that copies of all the documents mentioned above (including the Judgement, Reports, and letters) are available for verification as they are in various courts’ records, having been tendered in proceedings.

The ongoing saga relates to a 2012 Credit Sales of HP Laptops to Citadel Oracle Concepts Limited on an interest-free credit facility when they could not fund the contract awarded to them by FIRS to supply laptops, along with twelve other companies. After FIRS paid all suppliers who were funded by Technology Distribution (TD), the other companies paid TD the pre-agreed invoice value.

But Mr. Benjamin Joseph, the MD of Citadel, tried to divert TD’s fund but his partner Princess Kama resisted that move. After TD was paid, a dispute arose between Benjamin Joseph and his partner, Princess Kama, on profit sharing. At a point, Chief Afe Babalola, SAN who was Counsel to Benjamin Joseph, tried to intervene and cause an amicable settlement of the profit-sharing dispute. But Benjamin Joseph wanted the entire money without paying TD. It was at this point that he changed the story and contended that he was not aware of the contract and that his company was used to defraud FIRS. However, during investigation by Nigerian Police and EFCC, the FIRS provided proof that Benjamin Joseph was indeed aware of the contract and that all the ordered computers were fully supplied and received by the FIRS.

In addition, Mr. Benjamin Joseph again reported the matter to the Special Fraud Unit (SFU) of the Nigerian Police Force, Milverton Road, Ikoyi. The SFU conducted investigations and indicted him on the basis that a forensic analysis report showed that he signed the board resolution which he alleged was forged. He thereafter lodged another petition to the Police Headquarters, Abuja, and after a thorough investigation, it was found again that his allegations were false. It was on the basis of that finding that he was charged to court in 2016 in Charge No: CR/216/2016 (IGP vs. Benjamin Joseph) for giving false information. That Charge is presently pending before Honourable Justice Peter Kekemeke of the High Court of the FCT, Abuja.

Equally important, the Police (Prosecution) has closed their case since 2018 and Mr. Benjamin Joseph has been called upon by the Court to open his defence. Instead of proceeding with the said defense to conclusion, he has devised different tactics in his bid to sway the Attorney General to discontinue the criminal charge preferred against him. Interestingly, the Law Firm of FALANA & FALANA who filed the present charge had earlier in 2018 applied to the Attorney General of the Federation by a letter dated November 1, 2018, for a Fiat to prosecute our clients. In order to convince the office of the Attorney General, Mr. Joseph submitted some spurious reports said to have been made in 2015 and in 2020 by the Nigerian Police, which his solicitors again used to apply for another Fiat. However, the Nigerian Police Headquarters Abuja, by a comprehensive report dated December 1, 2020, discredited and disclaimed all those “reports” relied upon by Mr. Benjamin Joseph, which was used to convince the Attorney General to grant a Fiat in May 2022.

On this basis and upon a critical review of all documents relating to the case, the office of the Attorney General saw through the falsehood and issued a new letter to the Police dated 6th June, 2022 directing the Police to continue the prosecution of Benjamin Joseph and bring the criminal charge against him to a logical conclusion. This letter was brought to the attention of the Court by Counsel to the Nigerian Police through their letter dated 26th September, 2022.

Burkaa added: ‘‘Mr. Benjamin Joseph and his Legal Team were in Court on 27th September, 2022 and were aware of this directive by the office of the Attorney General. It is therefore appalling that the referenced publications inundated the Press two days after that Court Proceedings with screaming headlines without stating the correct facts for the benefit of the general public.’’

While noting that the publications against the Zinox Chairman were made in bad faith, the SAN contended that they contained false, distorted and slanted narrative to mislead the public, while also stating that they equally contained half-truth carefully skewed to malign and embarrass Mr. Ekeh and hurt his business interests.

 

 

 


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Ugo Onwuaso is an ICT enthusiast. He believes technology should be used for general good. He holds a Master of Public Administration (MPA) degree from the Lagos state University. Dear Reader, Your support matters. But we believe that technology makes life more exciting and helps improve the lives of people around Nigeria and indeed the world. That is why, we have devoted our energy to independent reportage of technology and finance and how they affect lives. Our incisive and analytical view of how technology news affects the daily life help individuals and organizations make up their minds. Quality journalism costs money. Today, we're asking that you support us to do more. Kindly support our effort to deliver technology and finance journalism to everyone in the world. Donate as little as N1,000. Bank transfers can be made to: UBA Plc 1017156876 Communication Week Media Ltd

Telecom

Defending the Foundations for Connectivity

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By Engr. Gbenga Adebayo

In 2001, when the first GSM call was made in Nigeria, how many of us would have envisaged the digital world that we live in today?

Defending the Foundations for Connectivity

Gbenga Adebay, chairman, ALTON

The pace of growth and the rate of adoption of telecoms solutions in Nigeria has been revolutionary. It is a globally acknowledged case study that we should be proud of and a clear demonstration of what can be achieved.

Almost all of us today are reliant on the network connectivity that it has enabled in different shapes and forms. From the simple need to communicate with loved ones, to the digital platforms that enable our access to and consumption of entertainment, financial products and other critical services.

Our reliance on these systems is becoming more and more acute, whether it is citizens, governments, or corporations.

System downtime is increasingly disruptive and offline manual redundancies are often in the advanced stages of being phased out. The pace of this transition is not slowing down. With the core infrastructure in place, innovation is driving the exponential growth of services that ride on it. From the fully adopted social media that has changed the way we interact, to the emerging Artificial Intelligence (AI) revolution.

While this innovation is enabling exciting new possibilities, there is a tendency to focus on those opportunities, to the detriment of the core infrastructure on which it rides.

It is imperative that we retain a focus on the optimisation of that infrastructure and enable continued investment in its development.

We have seen how the transition from 2G, through to 3G, 4G and 5G have each enabled the development of more and more sophisticated solutions.

The continued development of core infrastructure has to be sustainable, and over the last few months we have begun to see the challenges that the operators that provide it are facing.

Both MTN and Airtel have declared significant foreign exchange (FX) losses in Nigeria, and the stress is not linked to them alone.

The entire ecosystem is battling with a range of challenges that must be addressed. If we fail to do so, the downstream impact on innovation will be severe. Telecoms infrastructure requires a base level of investment to maintain its current capabilities, and significant additional investment to expand and grow. It is capital intensive and that capital has to be generated through sustainable business models.

At the heart of the challenge the industry faces is the issue of rising costs.

Recent financial losses are directly linked to the cost of operating towers that rely on inputs like diesel, which have increased significantly as the Naira has depreciated.

The provisions large telecom companies have had to make, and the consequent losses and impact on their reserves is a red flag.

It tells us that business as usual is not sustainable. If we continue as we are, then those companies will struggle to continue to invest in and maintain existing services.

But those costs are not the only challenge. General cost inflation, multiple taxation, regular and damaging vandalisation of infrastructure and the costs associated with regulatory compliance all help contribute to the high cost of operations.

We cannot continue to follow a path that asks those companies to simply accept those rising costs. It is no longer sustainable, and we have reached an inflection point.

This is a critical moment for the industry.

How we approach and resolve it will define the future of Nigeria’s digital economy.

If you want to be able to enjoy the benefits that digitisation brings. If we want the infrastructure that enables AI and helps us drive growth, then we must take action now.

Cost-reflective tariffs, like it or not, are simply non-negotiable. We have seen the impact of price controls in other segments of the economy, like power.

If providers cannot operate sustainable business models, then they stop investing. When that happens, the existing infrastructure starts to crumble.

For power, a consumer can choose to take ownership of the solution by buying a generator, or a solar panel.

For fuel, the government can step in as the provider of last resort and manage a subsidy regime that mitigates the impact on the population. Those options are not available in the telecoms sector. There is no self-help solution.

We fully understand and appreciate the financial stress that Nigerians are experiencing today. The cost of living is the single most significant factor in most people’s daily lives.

But those people are still able to enjoy the benefits that connectivity brings, at the price they paid before these challenges became so acute.

Imagine a future in which the gains of the last twenty years are reversed. Nigeria, and Nigerians simply cannot afford it. The pain that we would feel under those circumstances would be exponentially worse.

We need to find a long-term, sustainable and manageable solution to this problem. Prices will need to rise, but action needs to be taken in a measured way, through sustainable conversations and partnership with the government. It is time to address this head on.

 

Engr. Gbenga Adebayo is chairman, Association of Licensed Telecom Operators of Nigeria (ALTON).


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ALTON, ATCON Urge FG to Address Telecoms Industry Challenges

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The Association of Licensed Telecom Operators of Nigeria (ALTON) and The Association of Telecommunication Companies of Nigeria (ATCON), representing Mobile Network Operators and telecommunication companies in Nigeria, are calling upon the government to take decisive action in addressing the numerous challenges confronting the telecommunications industry.

In a statement jointly signed by Engr. Gbenga Adebayo, chairman of ALTON and Engr. Tony Izuagbe Emoekpere, ATCON President, the associations underscored the urgent need for collaborative efforts between the public and private sectors to overcome obstacles hindering the sector’s growth and development.

Infrastructure Deficits: ALTON & ATCON members still lack access to essential telecommunication services due to a myriad of challenges, including multiple taxation and regulations and prohibitive Right of Way (RoW) charges, inadequate electric power supply and vandalism of telecommunications infrastructure.

 Protection of Assets and Network Infrastructure: Advocating for legislation that

designates telecommunications infrastructure as Critical National Infrastructure (“CNI”): Both Associations expressed deep concern over the escalating security threats facing telecommunications infrastructure in Nigeria.

Telecommunications infrastructure undisputedly plays a pivotal role in Nigeria’s national security and socioeconomic growth, especially as the country currently contends with multiple security challenges that require urgent and immediate actions in response to these threats.

Attacks on cell towers, fibre optic cables, and other critical assets disrupt telecommunications services and result in significant financial losses for operators.

The associations urge the government to prioritize the security of telecommunications infrastructure and collaborate with law enforcement agencies to enhance protection measures and combat vandalism and sabotage effectively.

Cost-Reflective Tariff of Services: ALTON and ATCON respectfully reiterate that telecommunications infrastructure development requires substantial investments in network expansion, maintenance, and technology upgrades.

Despite the adverse economic headwinds, the telecommunications industry remains the only industry yet to review its general service pricing framework upward in the last (11) years, primarily due to regulatory constraints.

For a fully liberalized and deregulated sector, the current price control mechanism, which is not aligned with economic realities, threatens the industry’s sustainability and can erode investors’ confidence.

ATCON and ALTON call upon the government to facilitate a constructive dialogue with industry stakeholders to address pricing challenges and establish a framework that balances consumers’ affordability with operators’ financial viability.

Regulatory Independence: ALTON & ATCON advocates for the sustenance of a culture of independence in the regulatory landscape to safeguard against undue influence and unwholesome incursion into the Nigerian Communications Commission’s (NCC) or (Commission) domain, which will inspire trust in the telecommunications sector and encourage investment.

Regulatory neutrality and independence are crucial to ensuring a thriving telecommunications sector. Statutory provisions lend credence to this notion, as a lack of an impartial regulator will lead to a failure to maintain public confidence in the objectivity and independence of its decisions.

ALTON and ATCON reaffirms its commitment to working collaboratively with the government to address the challenges facing the telecommunications industry in Nigeria.

By fostering a conducive regulatory environment, prioritizing infrastructure development, enhancing security measures, and facilitating pricing adjustments, the government can unlock the full potential of Nigeria’s telecommunications sector, driving economic growth and societal development.

 


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Qualcomm Shortlists Startups for Qualcomm Make in Africa 2024 and Awards 2023 Wireless Reach Social Impact Fund

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Qualcomm Incorporated today announced the shortlisted startups for Qualcomm Make in Africa 2024, as well as the winner of the 2023 Wireless Reach Social Impact Fund.

The Qualcomm Africa Innovation Platform, now in its second year, aims to work with and support the development of Africa’s emerging technology ecosystem by providing mentorship, education, and training programs with a focus on 5G, Edge-AI/ML, Compute, and IoT. This year, Qualcomm received an overwhelming response, with approximately 250 applications from 30 countries.

Highlights: 

  • Startup cohort announced for 2024 Qualcomm Make in Africa startup incubation program featuring technologies.
  • Announcement of the awardee of the 2023 Wireless Reach Social Impact Fund, supporting startups in scaling their societal and market impact.
  • Development of L2Pro Africa website content nears completion, providing free online training on intellectual property protection.

As the first initiative of its kind in Africa, Qualcomm Make in Africa is an equity-free mentorship program that identifies promising early-stage startups keen on applying advanced connectivity and processing technologies such as 5G, Edge-AI/ML, Compute, and IoT to innovative end-to-end systems solutions, including hardware.

These startups have demonstrated exceptional potential in applying advanced connectivity and processing technologies to innovative end-to-end systems solutions.

The selected startups will receive free mentorship, business coaching, access to engineering consultation for product development, and guidance on protecting intellectual property. The 2024 cohort includes the following startups (listed in alphabetical order):

  • Aurora Health from Kenya provides AI-based cardiovascular health care tools
  • CropScan from Kenya uses solar-powered smart farming IoT devices
  • Cure Bionics from Tunisia makes smart 3D printed prosthetic arms
  • DevisionX from Egypt provides AI-based low-code computer vision tools
  • Kalio from Cameroon is building AI tools for Agricultural IoT
  • Kitovu from Nigeria provides tools and software for smart agricultural warehouse management
  • NextAI Studios from Kenya builds AI-based emotion detection into toys for children’s mental healthcare
  • RIM Nextgen from Kenya, uses smart tools for monitoring propane consumption
  • Sparcx from South Africa uses AI for enhancing radar signal processing
  • Vizmerald from Tunisia, is working on AI-based textile industry inspection

Qualcomm is also proud to announce the awardee of the 2023 Wireless Reach Social Impact Fund. This fund, provided by Qualcomm through its Qualcomm® Wireless Reach™ Initiative, aims to support startups in scaling their societal and market impact.

Ecorich Solutions Limited, a female-founded organization based in Nairobi, Kenya, will be awarded funding to help scale the impact of their smart organic food composter.

Wireless Reach funding will support Ecorich to address the dual challenge of organic waste management and the need for sustainable agricultural practices, with the goal of reducing environmental pollution, improving crop yields for farmers, and mitigating waste-related health risks for communities.

The other nine startups from the 2023 cohort will also receive valuable stipends to continue fueling their growth. These startups have showcased innovative uses of wireless technology to address pressing needs in their communities.

In addition, Qualcomm is excited to highlight the progress of the L2Pro Africa IP e-learning Platform, a free online training program designed to empower startups, SMEs, and researchers in Africa to protect, secure, and maximize their innovations. This program has been created in collaboration with Adams and Adams, Africa’s leading intellectual property (IP) law firm.

The education content has been updated with individual filing procedures for patents, industrial designs, and trademarks in the countries of Kenya, Nigeria, Uganda, Ghana, Rwanda and within the two African patent organizations, ARIPO and OAPI.

These step-by-step descriptions of per-country filing requirements empower inventors to interact effectively with IP professionals such as an IP attorney and their respective IP offices.

“I am thrilled with the overwhelming response to the Africa Innovation Platform this year,” said Alex Rogers, President, QTL & Global Affairs, Qualcomm Incorporated.

“The quality and diversity of the applications received reflect the immense talent and potential within Africa’s technology ecosystem.

“We are excited to work with the shortlisted startups and provide them with the necessary resources and support to drive innovation and create a positive impact in their communities.”

“We applaud Qualcomm for launching the second year of its Innovate in Africa Platform, which not only equips the upcoming generation of African entrepreneurs with expertise in pivotal areas like AI/ML, healthcare, agri-tech, smart cities, and communications but also empowers them to safeguard their intellectual property through the complimentary L2ProAfrica program.”, said John Omo, secretary general, African Telecommunications Union (ATU).

Mr. Omo also emphasized that the ATU remains steadfast in its commitment to fostering innovation and entrepreneurship across the continent. “Our youth innovation program, among other initiatives, plays a crucial role in cultivating the talents and aspirations of Africa’s young visionaries,” he affirmed. “We are ready to collaborate with additional partners to realize this objective.”


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