By Jude-Ken Ojinnaka
The arraignment of a billionaire businessman, Chief Cletus Ibeto alongside his company, Ibeto Energy Development Company scheduled to be held on Thursday, October 5 before an Ikeja High Court, Lagos, suffered another setback as he failed to appear before the court for the third time.
The Economic and Financial Crimes Commission (EFCC), has preferred a 10-count charge bordering on alleged obtaining by false pretences, fraudulent conversion of property, criminal breach of trust, forgery, and deception against Ibeto before Justice Ismail Ijelu of Ikeja High Court.
In view of his consecutive third absence from court, the presiding judge threatens to issue him bench warrant if he fails to be in court on the next adjourned date.
According to the charge filed by the anti graft commission, his alleged offences contravened the provision of Section 1 of the Advance Fee Fraud Act 2006 and Section 365(3d) and (e), 366 of the Criminal Law of Lagos State, 2015.
When the matter was called up today (Thursday) the EFCC counsel, Mr. Rotimi Jacobs (SAN) told court that the case was adjourned on September 28, 2023 to today for arraignment following the absence of the defendant.
Jacobs (SAN) said that the court adjourned the matter based on the defendants’ application for them to appear today for arraignment.
“The senior counsel appeared for them that day and pleaded with your lordship that the first defendant had medical issue.
“The defendants counsel had promised to produce him on the next adjourned date, and that’s why we are here”.
In his response, the defendant counsel, Dr. Onyechi Ikpeazu (SAN) said that the law is not a respecter of any person, he noted that he is of the firm view that the matter can be resolved, and if given some time it can be resolved.
While admitting that he had no medical report with him in court to explain the absence of the defendant, he stressed further that the issue at stake was one that could be resolved between the complainant and the defendants. He prayed the court if they can be accommodated in that regard and that is his respectful plea.
Responding, Jacobs (SAN) submitted that he agreed that plea bargain is encouraged even in criminal matters. But having said that, the EFCC gave them the opportunity to go and resolve their differences and that they did not seize the opportunity, even before the charges were filed.
“My lord, there should be arraignment of the defendant first before the court will assume jurisdiction to do anything.”
After listening to both sides, Justice Ijelu, expressed concerns that the defence counsel seemed to be trying to deceive the court.
The judge said: “The court believes that when counsel, senior counsel at that appear before the court and inform the court that an action will be taken and on the basis of that, adjournment was sought, it is the view of the court that the action must be taken.
“The court exists for strict business and does not want to believe that the learned senior counsel deceived the court by taking adjournment at the last date, and pleaded passionately that he would bring the medical report today, and that whatever happens, he will be here today.
“Appearing to now say that the defendant is still healing.That should not be; counsel must be seen as taking his words seriously, particularly senior counsel. One wonders the type of example you are setting for junior counsel, and this court is not pleased with that.This is the third time that this case will be called and nothing has been done about it.
“Even if there will be plea bargain, he has to come and take his plea before the court can assume jurisdiction. The defendant cannot be shielded from coming to court.
He threatened to issue a bench warrant against him if he failed to appear in court the next adjourned date.
Justice Ijelu therefore adjourned the case to November 3, 2023 for arraignment.
The charge against Chief Ibeto reads “That you Chief Cletus Ibeto, Ibeto Energy Development Ltd and Odoh Holdings Ltd between June 2016 and May 2017 within the jurisdiction of the court, by false pretence and with intent to defraud, obtained from Dozzy Oil & Gas Limited and Sir Daniel Chukwudozie, the sum of N4.8 billion purporting same to be consideration for 22.6536 hectares of land which he claimed to have at the end of Reclamation Road Layout, Port Harcourt, Rivers State by a deed of sublease executed by Odoh Holdings and Ibeto Energy Development Limited, when he only had 7.9 hectares of the said land.
Count 2 states that the defendants obtained N2.5 billion, from their victim as consideration for a non-existent 14.1 hectares of land.
Count 3 claims that the defendants forged certain documents. The count states that the defendants on or about January 30, 2018, allegedly with intent to defraud forged a Deed Of Sublease between Odoh Holdings Limited and Ibeto Development Limited purportedly, registered as No 47, Page 47, Vol. 280 of the Lands Registry, Rivers State wherein they claimed that Odoh Holdings Limited acquired leasehold interest in respect of 22.6536.
