Admin I Monday, March 11, 2024
IKEJA, Nigeria – A Lagos State High Court sitting in Ikeja, Lagos has fixed April 15, 2024 to hear applications filed by counsel to the Economic and Financial Crimes Commission, EFCC in the petition against businessman, Chief Cletus Ibeto over alleged N4.8 billion fraud.
Justice Oyindamola Ogala fixed the date as agreed by parties to enable her study the case file properly. Ogala also directed counsels to file and exchange their responses to the application filed by the office the Director of Public Prosecution (DPP) before April 15.
“I want to read the case file and understand it in full. As agreed by all, I want all of us to respond and to be on the same lane.”
However, during the hearing, the DPP, Dr Babajide Martins announced his appearance on behalf of the Lagos State Attorney-General, party, intending to take over the case.
The Defence Counsel, Mr Ade Oshodi had informed the court of a notice of preliminary objection dated January 26 yet to come up for hearing and that the application which was filed by the former counsel to the defendant, Mr Ikpeazu (SAN), be withdrawn, since has taken over the case and filed a fresh application dated January 26,.2024
He informed the court that it was Chief Wole Olanipekun (SAN) that appealed the bench warrant issued against the defendant by Justice Ismail Ijelu on Nov.3, 2023.
“Mr Lord, it is the learned silk, Chief Wole Olanipekun (SAN) that appealed on the bench warrant. 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”, he said.
Earlier, counsel to the EFCC, Mr Rotimi Jacob (SAN) told the court that he was yet to be served hearing notice to the effect that the matter had been taken to another court, stressing that it was not a deliberate attempt not to appear before the court.
He was thereafter informed of the existence of affidavits of proof of service on the prosecution. Jacob told the court that several lawyers who had represented the defendant raised issue of territorial jurisdiction.
“We were at the court of appeal on January 15 on the territorial jurisdiction. As at 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,” he said.
In his response, Martins explained that from the point of law, the DPP acted on the directive of the AG and that the prosecution has been served with the Amicus brief filed by the office.
“The Amicus brief filed by the office of the AG 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 AG to take up matters and it does not mean that the AG is taking sides with anyone,” he said.
EFCC had filed a 10-count charge against Ibeto, alongside his company, Ibeto Energy Development Company, before Justice Ismail Ijelu. The case file was, therefore, re-assigned to Justice Ogala court.
The anti-graft commission said the 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.
Justice Ogala has adjourned to April 15 to hear the applications.
