EFCC opposes the Lagos AG’s attempts to take over Ibeto’s prosecution in the alleged N4.8bn fraud case

Chief Cletus Ibeto, the chairman of Ibeto Energy Development Company, was scheduled to be arraigned on Tuesday, but the courtroom in Ikeja of the Lagos High Court was once again empty on this occasion.

Due to the defendant’s continued failure to appear in court, the arraignment has failed a fourth time. His attorneys, led by Senior Advocate of Nigeria Uche Obi, informed Justice Ismail Ijelu that the office of the Lagos State Attorney-General and Commissioner for Justice had moved to take over the case’s prosecution, raising a question about legal representation.

“An attempt to scuttle the trial” was how the Economic and Financial Crimes Commission (EFCC) characterised the action through its attorney, Rotimi Jacobs, a Senior Advocate of Nigeria.

Along with his businesses, Ibeto Energy Development Company and Odoh Holdings Ltd., the defendant was charged by the anti-graft agency on ten counts that included allegations of fraud, conspiracy, forgery, and fraudulent use of documents. The charges were brought before the court.

At the most recent sitting on November 3, Justice Ijelu granted the prosecution’s request and issued a bench warrant for the defendant’s arrest for allegedly refusing to appear in court to enter a plea despite numerous attempts by his attorneys to have him appear. This came after the defendant had failed to appear in court on four separate occasions.

The court then postponed the defendant’s arraignment until December 5th. Lawal Pedro, the Senior Advocate of Nigeria and the state’s attorney general, was represented in court by Dr. Jide Martins, the Director of Public Prosecutions in Lagos State.

Martins notified the court of a petition filed by Robert Clarke’s law firm, another Senior Advocate of Nigeria, requesting an examination of the case file and the Attorney General’s office to take over the case outright.

The DPP also informed the court that the AG had not yet made a decision on the matter, despite the Ministry of Justice having written to the EFCC requesting the case file.

Obi, the defence attorney, asked the court to postpone the case until the problem of legal representation was settled in light of the latest developments.

“Legal representation has just come up in court this morning,” Obi stated. The state must be given the chance to make that decision, as the leaned DPP has requested a chance to reevaluate the complainant’s complaint. I believe that the only thing that can be done today, Tuesday, is to give the state enough time to make a decision.

The defendant is currently in the US for a condition that is life-threatening, the defendant’s attorney also informed the court. To that end, he turned in a letter from the physician.

In response to complications from diabetes mellitus, the defendant, Cletus Ibeto, is presently undergoing evaluation, procedure, and treatment, according to a letter from Dr. Darlington Udeh, MD of Brownsville Infectious Disease, PA, Texas, US.

However, in response, prosecution attorney Jacobs informed the judge that the defendant had allegedly hired four different attorneys in an attempt to stall the case’s hearing.

Furthermore, he argued that since the primary charges pertain to federal laws, the Lagos State Attorney General is not qualified to handle this case.

The State AG’s authority to take over state offences is restricted by Section 211; it is not possible to extend this authority to Section 174, which deals with federal offences.

“The goal of the Attorney-General’s letter to this court, which was written without consulting us, was to prevent the defendant from coming before this court and give him the impression that he would change his mind once he had a better understanding of the case,” the senior attorney stated.

The attorney also told the judge that the EFCC went to the defendant’s Ikoyi office after the court issued a bench warrant, but they were unable to arrest him.

Before learning that he had fled the country covertly, we paid him a visit to his home as many as three times. After that, they brought the issue to the attention of the Attorney General (AGF), who asked me to brief him on the case’s details. Following our briefing, he authorised the EFCC to move forward.

“On November 15, another defendant’s attorney, Ikpeazu, sent a petition to the EFFC Chairman challenging this case, outlining the basis for their preliminary objection that is currently in court. The Investigating Police Officer (IPO) and I also briefed the EFCC chairman, who came to the conclusion following his review that the defendant’s reluctance to appear in court was due to the bench warrant.

Jacobs continued, “To date, the defendant has hired six separate eminent attorneys who have demonstrated various strategies to sabotage the hearing of this case.”

Following the hearing of arguments from each of the involved solicitors, Justice Ijelu stated that the defendant’s arraignment was the court’s primary task. The prosecutor informed the court that the defendant was abroad, making it impossible for the bench warrant to be executed.

He added that the defendant was in the United States due to a potentially fatal illness, as disclosed to the court by the defence team.

The judge ruled, “After considering all of the submissions made by the lawyers, the court is of the opinion that the issue of representation by the AG and the learned prosecutor on record is an issue and has to be resolved.”

As a result, Justice Ijelu postponed the case until January 29, 2024, to allow for the resolution of the defendant’s representation and prosecution.