Ibadan-based businessman and Managing Director Citadel Oracle Concept Limited, Mr Benjamin Joseph and journalist Bassey Udo, have filed a N200 million suit against Zinox Technologies Ltd for alleged human rights violations.
The suit, marked ND/MG 649/2025, was filed on August 28, 2025 at the Maraba Judicial Division of the Nasarawa State High Court.
The applicants, through their counsel, Onyemaechi Bob James, Esq., listed the Inspector-General of Police, Attorney General of Nasarawa State, and Nasarawa State Judicial Service Commission as the 1st to 3rd respondents, while Zinox Technologies Ltd was listed as the 4th respondent.
The suit commenced by Originating Motion On Notice under Order 2, Rule 2 Fundamental Rights Enforcement Procedure Rules 2009 sought among others reliefs "a declaration that the threat by the 4th Respondent (Zinox Technologies Ltd) to file a fresh criminal complaint in a court in Nasarawa State against the applicants in respect of dispute between them is a violation of the applicants right to freedom from inhuman and degrading treatment guaranteed by Section 34 (1) (a) of the 1999 Constitution as amended".
Other reliefs the applicants sought are: "A Declaration that any further arrest or arraignment of the applicants at the instance of the 4th respondent in any court in Nigeria or by the agents of the 1st respondent in respect of the subject matter of charge No. CMR/17/2024 is a violation of the applications right to fair hearing, personal liberty and freedom from inhuman and degrading treatment guaranteed under Section 34 (1), 35 (1) and 36 (1) of the 1999 Constitution as amended.
"A Declaration that any further arrest, police invitation, arraignment or trial of the applicants in respect of the facts or subject matter of suit No. FCT/HC/CV/1680/17 pending in the FCT High Court, Suit No. LD/4335/14 pending in Lagos High Court, Case No. CR/985/2024 now pending in the Court of Appeal Abuja is a violation of the applicant's right to fair hearing, freedom from inhuman and degrading treatment as well personal liberty guaranteed by S 34 (1), 35 (1) and 36 (1) of the 1999 Constitution as amended.
"A Declaration that any further reassignment of case No. CMR/17/2024 to any court in Nasarawa State by the Hon. Chief Judge of Nasarawa State for the commencement de novo of the said case against the applicants is a violation of the applicant's right to fair hearing, personal liberty and freedom from inhuman and degrading treatment guaranteed under 5 34 (1), 35 (1) and 36 (1) of the 1999 Constitution as amended.
"An order of perpetual injunction restraining the 4th respondent from initiating, prosecuting charge No. CMR/17/2024 in any court in Nigeria or laying any fresh criminal complaint in any court in Nigeria in respect of the facts or subject matter of case No. CMR/17/2024.
"AN Order of perpetual injunction restraining the 1st respondent, his agents, privies or officers from entertaining an complaint or inviting, arresting or arraigning the applicants in respect of the facts/subject matter of case No. CMR/17/2024 or any other allegation arising from the dispute between the applicants and the 4th in respondents in various courts in Nigeria.
"AN Order of perpetual injunction restraining any servant, agent, magistrate or other judicial officer in the service of the 3rd respondent from entertaining case No. CMR/17/2024 or any other criminal complaint from the 1st, 2nd or 3rd respondent at the instance of the 4th respondent in respect of the subject matter of the long drawn case between the 1st applicant and 4th respondent.
"Against the 4th respondent only, N200 million Naira damages for violation of the applicant's fundamental right."
On grounds for the application, applicants counsel stated that was unlawful and a violation of the applicants right to personal liberty and for the 1st, 2nd and 3rd Respondents to criminalize a purely civil transaction.
The counsel stated that the 1st applicants company, Citadel Oracle Concept reported over 10 years ago to the police a suspected case of fraud in which the company was defrauded of over 150 million naira.
He noted that the money - the proceed of the fraud were ultimately paid into the account of the 4th respondent, adding that the Attorney General of the Federation commenced prosecution of the persons involved in the fraud, including the 4th Respondent in the FCT High Court in charge No. FCT/HC/CR/985/2024.
"The charge was dismissed on a preliminary objection without hearing on the merit. There is an appeal against the dismissal.
"The 4th respondent as well as the applicant have various pending cases in the Lagos and FCT High Court claiming and counterclaiming damages for the defamation arising from the allegation of fraud against the 4th respondent. All those civil cases are still pending and are part heard.
"The 2nd applicant is a Journalist who has reported the proceedings in some online media and has no personal relationship with the 1st applicant or the 4th respondent."
He avowed that inspite of the pendency of the various civil suits and appeals, the 4th respondent has initiated and filed criminal complaint against the applicant before the police and magistrate courts in Nasarawa State.
"It is a violation of the applicants right to dignity and personal liberty guaranteed by S 34 (1) and 35 (1) of the 1999 Constitution as amended to be subjected to the ordeal of criminal trial in respect of the same facts on which the complainant is prosecuting civil claim in the High Court," the counsel insisted.
Meanwhile, Chief Magistrate Mairiga Abdullahi, Esq., of the Nasarawa State Chief Magistrate Court, has recused himself from Case No. CMK/17/2024 between Zinox Technologies Ltd and the applicants.
In a bench ruling on August 11, Abdullahi held that he would recuse himself and transfer the files to the Chief Justice, Nasarawa State, for reassignment to a special court