Further proceeding in the case against a businessman, Chief Cletus Ibeto over alleged N4.8 billion fraud has been fixed for April 15, 2024 for hearing applications filed by counsel of the Economic and Financial Crimes Commission, EFCC.
This is according to Justice Oyindamola Ogala of a Lagos State High Court sitting in Ikeja on Monday.
Judge to study Cletus Ibeto’s case file
Justice Ogala fixed the date as agreed by all parties in the suit after the judge said she wanted to study the case file properly.
She also directed counsel to file and exchange their responses to the application filed by the office of the Director of Public Prosecution, DPP, before the next adjourned date.
According to her, “I want to read the case file and understand it in full. As agreed, I want all to respond and be on the same page.”
Lagos signifies interest in Cletus Ibeto’s case
At today’s proceeding, the DPP, Dr. Babajide Martins announced his appearance on behalf of the Lagos State Attorney-General, as a party intending to take over the case.
Counsel to the defence, Mr. Ade Oshodi had informed the court of a notice of preliminary objection dated January 26 which has not been heard by the court.
The counsel also informed the court that the application which was filed by the former counsel to the defendant, Mr. Ikpeazu (SAN), be withdrawn as he had taken over the case and had filed a new application dated January 26,.2024.
He also said that Chief Wole Olanipekun (SAN) was the one who appealed the bench warrant issued against the defendant by Justice Ismail Ijelu on November.3, 2023.
Oshodi stated: “Chief Wole Olanipekun (SAN) appealed on the bench warrant.
According to him, “We are not in the matter going on at the appeal court. The learned silk is the one handling the appeal.
“The Chamber of Robert Clarke wrote a petition to the office of the Attorney-General of Lagos State concerning this case.”
Earlier, the EFCC counsel, Mr. Rotimi Jacob (SAN) had informed the court that he was not served the notice of hearing that the matter had been taken to another court and it was not a deliberate attempt not to appear before the court.
The judge, however, said that there were affidavits of proof of service on the prosecution.
Cletus Ibeto paid N1.5 billion -EFCC
Mr. Jacob informed the court that several lawyers who had represented the defendant raised the issue of territorial jurisdiction.
He said, “We were at the court of appeal on January 15 on the territorial jurisdiction. As of last week, the defendant has paid N1.5 billion to EFCC and he promised to conclude the payment in the next three months.
“The State said they are taking over the case but they have not even heard from us.”
Reacting to his submission, Dr. Martins said that from the point of law, DPP acted on the directive of the Attorney General and that the prosecution has been served with the Amicus brief filed by the office.
The Amicus brief filed by the office of the Attorney General dated and filed on February 29, 2024, made available to our correspondence is to the effect that the Court should strike out the matter for lacking both territorial and actual jurisdiction.
“The DPP does not need permission to swing into action. My lord, this is an everyday occurrence as people write to the office of the Attorney General to take up matters and it does not mean that the Attorney General is taking sides with anyone,” Martins said.
Recall that the EFCC had filed a 10-count charge against Ibeto, alongside his company, Ibeto Energy Development Company before Justice Ismail Ijelu, but the case file was re-assigned to another judge, Justice Ogala.
The commission said the alleged offences contravene 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.
Justice Ogala adjourned to April 15, 2024, for her to go through the various applications submitted by all parties to understand and stay abreast of the case.
