A Special Offences Court in Ikeja has issued an arrest warrant for businessman, Cletus Ibeto, and declared him wanted after he failed to appear in court thrice to be arraigned over N4.8 billion fraud charges levelled against him, Friday.
The Economic and Financial Crimes Commission (EFCC) had filed a 10-count charge against Ibeto and his company, Ibeto Energy Development Company, bordering on allegations of obtaining by pretences, fraudulent conversion of property, criminal breach of trust, forgery, and deception, leading the court to issue an order for the appearance of Ibeto.
Justice Ismail Ijelu had told the counsel of Ibeto, Onyechi Ikpeazu, SAN, who had told the court that Ibeto has a medical issue, that “the court exists for serious business and is not to be deceived,” after he had to adjourn Ibeto’s arraignment for the third time due to his absence in court.
On November 3, a third counsel who represents Ibeto, Daniel Awosika, SAN, urged the court to entertain their application challenging the jurisdiction of the court to hear the case before the arraignment.
Awosika also requested the court to provide one last chance for the defendant, Ibeto, to appear in court and cited that he had an underlying health condition.
Awosika urged the court to grant them more opportunity to bring the defendant to court instead of issuing a bench warrant.
The prosecution counsel, Rotimi Jacob, SAN, objected to Ibeto’s counsel plea and urged the court to issue a bench warrant against the defendant.
Jacob told the court, “Senior lawyers cannot come to court and waste the time of the court.”
He urged the court to grant the prosecution a warrant of arrest to enable them to force the defendant to court.
Further, the court had earlier ruled that the defendant should take his plea first before the court would hear the preliminary objection filed by the defence which sought to challenge the jurisdiction of the court to hear the case of the EFCC against Ibeto.
Ijelu held that Ibeto’s counsel did not adduce any cogent reason for adjournment before the court.
The judge said that the court did not exist for frivolities, and that “it appears that the defence counsel decided to waste the time of the court.”
“The court is the symbol of the state and not an object of ridicule,” Ijelu said.
The Judge held that although the senior counsel, Awosika, just appeared in this case on Friday, two senior counsel for Ibeto had previously appeared and promised that the defendant would appear for his arraignment.
Ijelu ruled, “In the absence of any cogent excuse to produce the defendant for arraignment, a bench warrant is hereby issued against the defendant.”
In the 10-count charge filed by the EFCC against Ibeto, his company and Odoh Holdings Ltd, Count one reads: “That 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 Ltd and Sir Daniel Chukwudozie, the sum of N4.8 billion purporting same to be a 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 Ltd when he only had 7.9 hectares of the said land.”
Also, Count three of the charge reads: “That Chief Cletus Ibeto, Ibeto Energy Development Ltd and Odoh Holdings Ltd on or about January 30, 2018, allegedly with intent to defraud forged a Deed Of Sublease between Odoh Holdings Ltd and Ibeto Development Ltd purportedly, registered as No 47, Page 47, Vol. 280 of the Lands Registry, Rivers State wherein they claimed that Odoh Holdings Ltd acquired leasehold interest in respect of 22.6536.”
The EFCC also accused the defendants of obtaining N2.5 billion from their victim as consideration for a non-existent 14.1 hectares of land.
The offences are contrary to Section 1 of the Advance Fee Fraud Act 2006, Section 365(3d) and (e), and Section 366 of the Criminal Law of Lagos State, 2015.
Ijelu adjourned the case until November 15 for the arraignment of the defendant.
