By Jude-Ken Ojinnaka
The Chief Judge of Lagos State, Justice Kazeem Alogba has asked that the case file of chief Cletus Ibeto be returned to him.
The demand for Ibeto’s file by the Chief Judge is consequent upon the various petitions he received challenging the jurisdiction of the court and accusing him of bias in the case.
Chief Cletus Ibeto, Chairman of Ibeto Energy Development Company was charged to court by the Economic and Financial Crimes Commission (EFCC) over alleged N4.8 billion fraud.
Since the filing of the charge, Ibeto has not shown up for arraignment. He has stalled the arraignment by failing to show up in court several times despite the bench warrant issued against him by the court.
The State Attorney-General attempted to take over the case from the Economic and Financial Crimes Commission (EFCC), but the anti-graft agency objected, saying it was an attempt to shield the defendant from appearing before the court.
At the last hearing of the case, the trial judge, Justice Ismail Ijelu, informed the prosecutors that the case file had been requested by the Chief Judge.
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Justice Ijelu added that the case cannot proceed until the Chief Judge decides on the various petitions challenging the jurisdiction of the court and accusing him of bias.
The EFCC had charged Chief Ibeto and his companies, Ibeto Energy Development Company and Odoh Holdings Ltd, on a 10-counts charge bordering on allegations of conspiracy, obtaining by pretence, fraud, forgery, and fraudulent use of documents.
However, the planned arraignment of the defendant has been stalled on three occasions, September 28, October 5 and November 3, 2023 respectively due to his failure to appear in court. He gave various excuses ranging from health challenges without a medical report, despite promises to produce him which was made from the Bar by various Senior Advocates of Nigeria who represented him.
The accused person’s continued absence prompted Justice Ijelu to accede to the prosecution’s request on November 3, 2023, to order the arrest of the businessman for allegedly refusing to appear to take his plea despite many undertakings by his lawyers to produce him in court.
However, during the last proceeding on the matter on December 6, 2023, the Lagos State Attorney-General, Lawal Pedro (SAN) informed the court that he was considering taking over the matter based on a petition written by the defendant to the Chief Judge of Lagos State but copied to his office.
The State’s Director of Public Prosecutions (DPP), Jide Martins, who represented the Attorney-General in court, also informed the court of a petition written by the law firm of Robert Clarke (SAN) seeking a review of the case file and the outright taking over of the case by the office of the Attorney-General.
However, the anti-graft agency, through its counsel Rotimi Jacobs (SAN), had challenged the move, describing it as an attempt to scuttle the trial.
It is noted that Jacobs had told the Court of Appeal on January 15 that Chief Ibeto had approached the anti-graft agency seeking to enter into a plea bargain arrangement and pay back the money he allegedly obtained from the nominal complainant, Chief Daniel Chukwudozie.
However, the defence counsel, Chief Wole Olanipekun (SAN), denied knowledge of the discussion. He told the appellate court that his client told him to continue with the appeal he filed to challenge the warrant of arrest issued against him by Justice Ijelu.
