Economic and Financial Crimes Commission (EFCC) has described the move by the Office of the Lagos State Attorney–General to take over the prosecution of the N4.8 billion fraud case filed against the chairman of Ibeto Energy Development Company, Chief Cletus Ibeto, as an attempt to scuttle the trial.
The counsel to the EFCC, Rotimi Jacobs (SAN), made this claim before the Lagos State High Court in Ikeja after the state’s director of public prosecutions (DPP), Jide Martins, told the trial judge, Justice Ismail Ijelu, that the attorney- general is considering taking over the matter based on a petition written by the defendant.
The anti-graft agency had charged the defendant before the court alongside his companies, Ibeto Energy Development Company and Odoh Holdings Ltd on a 10-count charge bordering on allegations of conspiracy, fraud, forgery and fraudulent use of documents.
However, the planned arraignment of the defendant has been stalled on three occasions, September 28, October 5 and November 3, due to his failure to appear in court, although his lawyers represented him.
This prompted Justice Ijelu to accede to the prosecution’s request on November 3, 2023, to order the arrest of the businessman for allegedly refusing to appear to take his plea despite many undertakings by his lawyers to produce him in court.
However, at the resumed hearing of the matter yesterday, Martins told the court of a petition written by the law firm of Robert Clarke (SAN) seeking a review of the case file and the outright taking over of the case by the Office of the Attorney-General.
The DPP said although the Ministry of Justice has written to the EFCC requesting the case file, the AG has not decided on the issue.
Based on the development, the defence counsel, Uche Obi (SAN), urged the court to adjourn the case until the issue of legal representation is resolved.
But in his reaction, Jacobs told the judge that four different lawyers had been engaged by the defendant “allegedly in his efforts to scuttle the hearing of the case.”
Justice Ijelu adjourned the case to January 29, 2024, for the resolution of representation and prosecution of the defendant.
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