The scheduled court appearance for Chief Cletus Ibeto, Chairman of Ibeto Energy Development Company, once again encountered a setback on Tuesday at the Lagos High Court in Ikeja.
This marks the fourth instance of the arraignment falling through, with the defendant once again absent from court. Led by Senior Advocate of Nigeria, Uche Obi, the defense team informed Justice Ismail Ijelu that a complication in legal representation had arisen due to efforts by the office of the Lagos State Attorney-General and Commissioner for Justice to assume control of the prosecution.
The Economic and Financial Crimes Commission (EFCC), represented by Senior Advocate of Nigeria, Rotimi Jacobs, characterized this move as “an attempt to obstruct the trial.”
The anti-graft agency had brought charges against the defendant and his companies, Ibeto Energy Development Company and Odoh Holdings Ltd, encompassing ten counts related to allegations of conspiracy, fraud, forgery, and fraudulent use of documents.
Having failed to make court appearances on four separate occasions, the defendant prompted Justice Ijelu, during the last session on November 3rd, to grant the prosecution’s request for a bench warrant. This warrant was issued due to the defendant allegedly refusing to appear and enter a plea, despite assurances from his legal team that he would be produced in court.
The court then adjourned the proceedings to December 5th for the defendant’s arraignment. During this session, the Lagos State Director of Public Prosecutions, Dr. Jide Martins, represented the state’s Attorney-General, Senior Advocate of Nigeria, Lawal Pedro.
Martins informed the court about a petition from the law firm of another Senior Advocate of Nigeria, Robert Clarke, which sought a review of the case file and the complete takeover of the case by the Attorney-General’s office. The DPP also mentioned that, although the Ministry of Justice had written to the EFCC requesting the case file, the Attorney-General had not yet made a decision on the matter.
In light of these developments, the defense counsel, Obi, requested the court to adjourn the case until the matter of legal representation is resolved.
Obi said, “An issue of legal representation has just arisen in court this morning. The leaned DPP has asked for an opportunity to reappraise the complaint of the complainant and the state has to be given a chance to take that decision. It appears to me that nothing else can be done today (Tuesday) but to allow for a reasonable time for the state to take a decision.”
The legal representative also informed the court that the accused is presently in the United States battling a life-threatening illness.
The letter written by Dr. Darlington Udeh MD of Brownsville Infectious Disease, PA, Texas US indicates that the defendant, Cletus Ibeto, is currently undergoing evaluation, procedure, and treatment as a result of complications arising from diabetes mellitus.
However, in response, the prosecuting counsel, Jacobs, brought to the judge’s attention that the defendant had purportedly engaged four different lawyers as part of his alleged attempts to obstruct the progress of the case.
He also submitted that “This is not a case that the Lagos State Attorney-General can take over because the main counts of the charge are on Federal laws.”
“Section 211 limits the State AG to the takeover of state offenses and this power cannot be extended to Section 174 which involves federal offenses.”
“The Attorney-General’s letter to this court was written without hearing from us and the purpose was to shield the defendant from appearing before this court and when he is seized of the whole matter, he would change his mind,” the senior lawyer said.”
The counsel also informed the judge that following the bench warrant issued by the court, the EFCC visited the Ikoyi office of the defendant but could not apprehend him.
“We also visited his house up to three times before we heard that he sneaked out of the country. Then they reported the matter to the AGF who invited me to brief him on the facts of the case and after the briefing, he gave the EFCC the go-ahead to proceed.
“A petition against this case by another of the defendant’s lawyers, Ikpeazu dated 15th Nov. was also sent to the EFFC Chairman stating the ground of their preliminary objection which is before the court. The EFCC chairman was also briefed by the Investigating Police Officer (IPO) and myself and after the review, he concluded that it was because of the bench warrant that the defendant did not want to appear before the court.”
“By now 6 different eminent lawyers have been employed by the defendant showing various steps to scuttle the hearing of this case,” Jacobs added.
Following the presentations from all legal representatives involved, Justice Ijelu observed that the court’s primary purpose was the defendant’s arraignment. The prosecutor had informed the court that the bench warrant couldn’t be executed as the defendant was abroad.
The defense counsel also conveyed to the court that the defendant was in the United States, dealing with a life-threatening illness.
“Having considered all submissions made by the lawyers, the court is of the view that the issue of representation by the learned prosecutor on record and that of the AG is an issue and has to be resolved,” the judge ruled.
Therefore, Justice Ijelu adjourned the case to January 29, 2024, for the resolution of issues related to legal representation and the prosecution of the defendant.