The absence of a businessman, Chief Cletus Ibeto before Justice I.O. Ijelu of the Lagos State High Court sitting in Ikeja for an alleged N4.8 billion fraud on Tuesday once again stalled his arraignment.
Ibeto together with his firm, Ibeto Energy Development Company and Odoh Holdings Ltd were to be arraigned by the Economic and Financial Crimes Commission (EFCC) on 10-count charges.
EFCC in a statement said their arraignment bordered on allegations of obtaining by false pretences, fraudulent conversion of property, criminal breach of trust, forgery and deception to the tune of N4.8bn.
“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 N4.8bn purporting same to be 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,” count one 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,” count three reads.
The defendants are further accused of obtaining the sum of N2.5 billion from their victims 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.
EFCC stated that at Tuesday’s proceedings, the Director of Public Prosecution in the Office of the Lagos State Attorney General, Dr. Babajide Martins, noted that the state was not involved in the matter.
The Commission added that Martins also told the court that the Office of the Lagos Attorney-General received a petition from the law firm of Robert Clark (SAN).
“I came to notify the court that we received a petition from the defendant in this case, pursuant to Section 211 of the 1999 Constitution, asking the Office of the Attorney General to take over the case,” he said.
“I have written a letter to the Honourable Court to that effect. The decision has not been made and that decision can only be made when the AG’s office receives the case file. We’ve sent a letter to the EFCC.”
Martins further informed the court that the said petition dated November 16, 2023 was received in the office of the state’s AG on November 16, 2023.
He also disclosed that he wrote a letter and sent same to the EFCC on Friday, December 1, 2023 to the effect.
“The letter was to inform them that we received a petition and that the case file should be sent to the office of the Honourable Attorney General,” Martins said.
“Following the receipt of the case file, the AG will make a decision on whether they should continue or not based on its merit.”
On his part, Ibeto’s new counsel, Uche Obi (the fourth since September 28, 2023), told the court that he was holding the brief of Wole Olanipekun (SAN).
He argued that with the appearance of a counsel from the Office of the AG, “an issue of legal representation had just arisen on Tuesday morning.
Responding, prosecution counsel, Rotimi Jacob (SAN) noted that “my learned friend did not appreciate the intervention made by the learned DPP, which is to the effect that they received a petition and that a decision has not been taken.”
After listening to all the parties, Justice Ijelu adjourned till January 29, 2024 and held that “the issue of representation is in contention and has to be resolved and so, this case is further adjourned for report on resolution as to legal representation for the prosecution”.
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