Telecom
Court Strikes Out Charges Filed by Falana Against Zinox Boss, Others
The High Court of the Federal Capital Territory (FCT) presided over by Honourable Justice C. O. Oba sitting in Court 32 has struck out Charge No. FCT/HC/CR/469/2022 filed by Falana & Falana against the Chairman, Zinox Technologies, Leo Stan Ekeh and officials of Technology Distributions Limited, including Mrs. Chioma Ekeh, Chris Eze Ozims, Shade Oyebode, Charles Adigwe and others over an alleged fraud involving a N170m contract with the Federal Inland Revenue Service (FIRS).
This follows a letter dated October 28, 2022 from the Office of the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, through the Office of the Director of Public Prosecutions of the Federation (DPP) to Falana & Falana withdrawing the fiat earlier granted them in May 2022 and also directing them to immediately withdraw the said Charge constituted as FCT/HC/CR/469/2022 leveled against Mr. Ekeh and the others, based on the findings that the fiat was obtained on misrepresentation and concealment of material facts by their client, Mr. Benjamin Joseph of Citadel Oracle Concepts Limited.
At the court proceedings on Tuesday, November 8, 2022, Mr. Marshall Abubakar, counsel from the firm of Falana & Falana, who appeared for the prosecution, tried to argue against the instruction and sought adjournment on some flimsy grounds, despite the clear instruction of the AGF contained in the letter to his firm. However, Mr. Matthew Bukaa (SAN) who appeared for Mr. Ekeh, and the aforementioned staff of Technology Distributions Limited, opposed the application for adjournment and prayed the court to give effect to the unambiguous directive of the AGF to withdraw the charges.
The trial judge, Honourable Justice C. O Oba, after reviewing the certified true copy of the Attorney General’s letter, agreed with the defence counsel, Mr. Bukaa SAN, that there is no legitimate grounds to sustain the charges or grant adjournment and accordingly struck out the charges.
It would be recalled that some recent media publications had published stories indicating that the Federal Government of Nigeria was to prosecute Mr. Ekeh and 12 others over an alleged N170million FIRS contract which Mr. Benjamin Joseph claims was fraudulently executed using the name of his company, Citadel Oracle Concept Limited, without his knowledge and that the Federal Government was accordingly defrauded. It was also reported that the firm of Falana & Falana, acting for Mr. Benjamin Joseph, applied for and was granted a fiat in May 2022 from the AGF to bring a charge against Mr. Ekeh and 12 others, upon which Mr. Femi Falana filed the purported charge on September 9, 2022.
However, the Attorney General, by a letter dated October 28, 2022, to Falana & Falana withdrew the fiat earlier granted them and directed them to immediately withdraw the charge they filed in court. The directive came a couple of weeks after the AGF discovered that material information was withheld in the application by Falana & Falana for the fiat allegedly meant to prosecute Ekeh and others. Crucially, Mr. Falana SAN, who had only recently started representing Benjamin Joseph, failed to disclose to the AGF that the FCT High Court presided by Honourable Justice Damlami Senchi had in February 2021 delivered a judgment in Charge No. FCT/HC/CR/244/2018, dismissing as false and malicious the various allegations put forward by Mr. Benjamin Joseph and awarded the sum of N20m against him as damages for false petitioning and to serve as a deterrence to others against false information. The respected SAN also failed to disclose that his client has refused to be cross-examined since 2018 in an ongoing criminal case (Charge No. CR/216/2016) instituted against him by the Federal Government of Nigeria through the Office of the Inspector General of Police (IGP) based on false information on the same allegations.
Also, it was not disclosed to the AGF that the Nigerian Police Force Headquarters had, by a comprehensive final report dated December 1, 2020, after a thorough review of the facts and investigations of the case, absolved Mr. Ekeh and all the aforementioned persons of any criminal liability in the entire transaction leading to this case, but rather recommended the continuation of the trial of Mr. Benjamin Joseph which began since 2016. Furthermore, the AGF had, by a letter dated June 6, 2022, also directed the Inspector General of Police to prosecute Benjamin Joseph to a logical conclusion. The said criminal proceedings is still ongoing against Mr. Benjamin Joseph before Honourable Justice Peter Kekemeke of the FCT High Court and comes up on January 24, 2023, for continuation of trial.
There was, therefore, no basis to grant or sustain the fiat to file charges against Mr. Ekeh and the staff of Technology Distributions on the same set of facts and allegations for which Mr. Benjamin Joseph, the petitioner, is currently standing trial for false information. Consequently, the fiat was withdrawn and the Charge struck out on Tuesday, November 8, 2022 by Honourable Justice C. O. Oba sitting in Court 32 of the FCT High Court.
Reacting to the development, a human rights activist, Dr. Niyi Abo, who was present in court on a sidelines as an observer, hailed the judgment, even as he expressed his disappointment at the step taken by Falana & Falana in filing the case against Mr. Ekeh and others without due diligence.
‘‘I think what they want to achieve is to see Mr. Ekeh in the dock just to diminish his stature because from findings, the only sin the man committed is that he founded TD Africa and his company extended an interest-free credit to help a young man to survive, just like he has done for thousands of others partners of TD Africa, some of whom are in court here in sympathy with Mr. Ekeh.
‘‘This further gives vent to the claims that this might be a case of blackmail gone wrong, according to what Benjamin Joseph’s ex-business partner, Princess Kama confirmed in the media herself, that Benjamin Joseph’s grouse is that she did not support him to divert TD Africa’s funds after the FIRS paid them, as well as his alleged attempt to extort money from Mr. Ekeh when he learnt that Mr. Ekeh is a very rich man. I understand Mr. Ekeh and his wife have never met the alleged blackmailer. Does it mean if you transact a business with a company and something goes wrong according to your own estimation, you start calling the Chairman of the company, a distinguished Nigerian and global citizen, a criminal?
‘‘I sincerely think it is very demeaning for a reputable law firm like Falana and Falana to get involved in this. Nigerian lawyers must please upgrade and exhaust simple due diligence on their clients before accepting their briefs. I think that blackmail, due to hard times, is one of the biggest businesses in Africa now. Several compromised media houses are being used by these blackmailers to extort rich men. You can imagine the negative publicity orchestrated by some online media houses against Mr. Ekeh in the past few days on account of this useless case.
‘‘I congratulate Mr. Ekeh for having the guts to follow this fight to the end, and if I were him, I would probably consider a petition to the Legal Practitioners Disciplinary Committee against Falana & Falana. He should also take Mr. Benjamin Joseph to the cleaners by taking out court actions against him and his compromised media supporters,’’ Dr. Abo concluded.
MTN Nigeria Communications Plc has announced plans to issue up to N50bn in Series 13 and 14 Commercial Paper Notes under its N250bn Commercial Paper Issuance Programme.
This proposed issuance aligns with the company’s strategy to broaden its funding sources and strengthen its liquidity position.
The proceeds from the issuance are earmarked to support MTN Nigeria’s short-term working capital needs, enabling the company to sustain its operations and meet financial obligations effectively.
In a statement to the Nigerian Exchange Limited (NGX) and the investing public, MTN Nigeria emphasized its commitment to maintaining financial stability and operational efficiency.
According to the statement signed by Uto Ukpanah, company secretary, further details regarding the structure, pricing, and timeline of the issuance will be disclosed to the market in due course, as MTN Nigeria continues to engage with stakeholders and regulatory authorities.
MTN Nigeria recently completed its series 10 commercial paper issuance under its upsized N250bn commercial paper issuance programme.
The telecom giant said it sought to raise N72.1bn and the offer recorded 149 per cent subscription with N72.1bn issued.
The 266-day commercial paper was issued on 29 November 2023 at a yield of 16 per cent.
The CP issuance aligns with MTN Nigeria’s strategy to continue diversifying its funding sources and reducing its average cost of debt. The proceeds will be applied towards short-term working capital requirements.
Karl Toriola, chief executive officer, MTN Nigeria said. “We are pleased with the support received from the investor community, having recorded a 149 per cent subscription from a broad range of investors. This reflects NTN Nigeria’s robust financial capacity, brand strength, and market leadership amidst the upward pressure on interest rates”
Stanbic IBTC Capital Limited played the role of Arranger and Dealer with ARM Securities Limited. Chapel Hill Denham Advisory Limited, Coronations Marchant Bank Limited, FCMB Capital Markets Limited, Quantum Zenith Capital &Investments Limited, Rand Marchant Bank Limited, and Vetiva Capital Management Limited played the role of Joint Dealers on the transaction.
President Bola Ahmed Tinubu has said that Nigeria will launch four satellites as part of his administration’s Renewed Hope Agenda.
Bola Ahmed Tinubu
Tinubu said this at the opening ceremony of the 25th Anniversary of Nigeria in Space in Abuja.
The anniversary celebration was organised by the National Space Research and Development Agency (NASRDA) in collaboration with the Nigeria Communication Satellite Limited (NIGCOMSAT) and the Defence Space Administration (DSA).
Tinubu, represented by Chief Uche Nnaji, minister of Innovation, Science, and Technology, stated that space was previously exclusive to developed countries, but the foresight of Nigerian leaders facilitated the passing of the Space Act that led to the establishment of NASRDA in 1999.
“Space is an area of limitless opportunities and one in which the advanced countries of the world are relentlessly discovering how the opportunities can be tapped for their advantage.
“It is obvious that Nigeria cannot afford to lag in this global quest of discovering space and how the knowledge from such discoveries can help in solving her internal issues for national development,” he said.
NASRDA has made efforts to develop major space programs in collaboration with the Nigerian Military to develop capacity in the use of space for tactical services, among others.
“Today, the synergy between NASRDA, NigComSat, and DSA has led to a tripodal support upon which an advanced and more robust national space program will be built in the near future.”
“All these giant strides made by this important sector of our dear country are notable and noble with the launch of seven satellites, and efforts are on top gear to launch an additional four satellites within the lifespan of this administration.”
“Great effort should be made to ensure that the private sector is mainstreamed into the heart of our space program for us to do more in the coming years for our national development,” President Tinubu said.
The President also emphasised the need to strengthen the NASRDA Act to help the Nigerian space ecosystem be more vibrant in its engagements, locally and internationally.
“Similarly, the sector will require improved budgetary support to be able to accomplish its programs, whose outcomes can bring massive socioeconomic dividends to Nigeria and her citizens.
“This will also solidify Nigeria’s standing as a leading space-faring country in Africa and further boost her image to competitively attract foreign direct investment because of our locational advantage for cheaper launching services.”
“This restates our administration’s commitment to continue to support the space program to accelerate technological and innovative development.”
In his remarks, Nnaji, who was represented by Mrs. Esuabana Nko-Asanye, Permanent Secretary of the ministry, said the World Economic Forum’s 2024 report projected the global space economy to reach about 1.8 trillion dollars by 2035.
The minister added that the growth would be driven by advances in satellite technology and industries like supply chain logistics and agriculture, among others.
He stated that the growth would also impact the aerospace sector and communications and was expected to generate over 60 percent of the new economic value from space-enabled technologies.
“Space technology offers transformative solutions to global challenges, from monitoring climate change and managing natural resources to enhancing disaster response capabilities.
“Reduced costs and heightened accessibility will encourage increased participation from non-space sectors, integrating space into the fabric of global infrastructure,” the minister said.
He commended the President for recognising the role of space technology in the Renewed Hope Agenda and approving some projects for the agency.
“The President approved for the replacement of NASRDA’s Earth Observation satellites, ensuring the regulation of oversight functions of all space activities in the country and utilisation of space technology to monitor federal government revenues.”
Nnaji called on NASRDA to capitalise on the support of the federal government by expanding its revenue base through partnerships with the private sector.
According to him, the key areas of private sector engagement include commercial space travel, development of satellite technology, resource utilisation, investment in Low Earth Orbit (LEO) ventures, and technology transfer to drive industrial growth.
Earlier, Dr Matthew Adepoju, director-general of NASRDA, recalled that over the past 25 years, the Nigerian Space Program had been a beacon of Nigeria’s aspirations in space exploration and development, thereby placing the country on the global map of space-faring nations.
The DG disclosed that President Tinubu’s administration had recently approved the development of four satellites, which included a Synthetic Aperture Radar (5AR) satellite and the first in Africa.
“This transformative project will be executed under a public-private partnership, ensuring the infusion of expertise and investment to accelerate implementation.
“These satellites will significantly enhance our capabilities in areas such as precision agriculture, disaster management, national security, and urban planning while contributing to global scientific advancements.
“Furthermore, we are guided by the recent Presidential directive to integrate space technology into the operations of all revenue-generating agencies, departments, and ministries in Nigeria.
“This directive underscores the strategic importance of space technology in enhancing efficiency, transparency, and accountability across government functions, ultimately contributing to national development.
“Nigeria’s space assets—including NigeriaSat-1, NigeriaSat-2, and NigeriaSat-X, NigComSat-1, among others—are vital tools for national development.
“These satellites have supported critical disaster management, urban activities in security, health, agriculture, disaster immense value to planning, and broadband connectivity, advancing our nation’s reputation as a space-capable country,’’ he said.
Airtel Africa, a telecommunications and mobile money services provider with presence in 14 countries across the continent, has appointed of Dinesh Balsingh as the Managing Director and Chief Executive Officer of Airtel Nigeria, effective 1st November 2024. By this appointment, Balsingh also becomes a member of the Executive Council for the Airtel Africa Group.
He takes over from Carl Cruz, who returned to his home country, The Philippines, at the end of October.
Balsingh has extensive experience across the telecommunications industry and returns to Nigeria following his appointment as Managing Director and CEO of Airtel Tanzania in 2022. Prior to his move to Tanzania, he served as the Chief Commercial Officer (CCO) at Airtel Nigeria and therefore brings with him considerable experience of the Nigerian telecommunications market.
Balsingh’s career in the telecommunications industry spans over 24 years, having begun his career in 2000 with Hutchison Essar, before moving to Airtel India as a Marketing Director in 2006 and then Tata Docomo in 2011. Balsingh joined Airtel Nigeria as Marketing Director in 2013, before taking over as CCO in 2018.
During his tenure in Airtel Tanzania, Balsingh led the business to achieve record growth through intelligent pricing, product enhancements and disciplined execution of projects, resulting in strong Revenue Market Share (RMS) gains in the highly competitive market.
Speaking on the leadership changes, Airtel Africa Chief Executive Officer, Sunil Taldar said, “Mr. Balsingh’s deep telecommunications experience and strong operational execution, combined with his knowledge of the Nigerian market, will be instrumental in further supporting our corporate purpose of transforming lives across Nigeria.”
Balsingh holds a Master of Business Administration from Thiagarajar School of Management.
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