• Adjourns To November 15 For Arraignment
Justice Ismail Ijelu of a Lagos High Court sitting in Ikeja, yesterday, ordered arrest of a billionaire businessman, Chief Cletus Ibeto, following his absence to take his plea over alleged N4.8 billion fraud.
The judge issued a warrant of arrest against Ibeto after his absence for the fourth time to appear in a criminal suit filed against him by the Economic and Financial Crimes Commission (EFCC).
He subsequently adjourned the case to November 15, 2023 for arraignment of the defendant.
The EFCC had filed 10-count charge against Ibeto alongside his company, Ibeto Energy Development Company, on offences bordering on alleged obtaining by pretenses, fraudulent conversion of property, criminal breach of trust, forgery, and deception. The anti-graft commission said his offences ‘’contravene 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.”
While ruling on the arguments of counsel and their submission, Justice Ijelu held that the defence lead counsel, Mr. Daniel Awosika (SAN) did not adduce any cogent reason for absence of defendant and adjournment before the court.
The court held that the defendant did not place before the court any cogent reason for defendant’s absence to warrant granting armour he sought for.
The judge held that, “the court did not exist for frivolities, as it only existed for dispensation of justice.
‘’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.
“Although the senior counsel just appeared in this case today, but two senior counsel had previously appeared and promised that the defendant would appear for his arraignment. The application of the prosecution to issue warrant of arrest thereby succeed.
“Bench warrant of arrest is, hereby, issued against the defendant.”
Earlier, the EFCC lead counsel, Mr. Rotimi Jacob (SAN), had prayed the court to stand down the matter for the defence counsel to produce the defendant, noting that the defendant was in Lagos and the commission could have arrested him but it did have the order of the court to do so.
“The defendant is in Lagos, my Lord, and I urge the court to stand down the matter in order to produce him today. Senior lawyers cannot come to court and waste the time of the court. We urge the court to grant us warrant of arrest to enable us bring the defendant to court.”
The defence counsel, Mr. Daniel Awosika, had urged the court to step down the application of Bench Warrant against the defendant. He also prayed the court to grant last opportunity to produce the defendant in court, in the interest of justice, adding that the defendant has an underlying sickness.
“I am craving my Lord’s indulgence to step down the application of Bench Warrant for us to bring him to court.”
Justice Ijelu had earlier ruled that the defendant should take his plea first before the preliminary objection filed by the defence counsel, challenging the jurisdiction of the court to hear the case could be heard.
Awosike, in his argument, cited unreported decision of Court of Appeal in Awele Nwaguoji v FRN. He noted that the argument on jurisdiction can be taken without the appearance of the defendant.
But Jacob (SAN) argued that the decision the Administration of Criminal Justice Law as amended has taken care of the issue. He cited a Supreme Court decision in
Destra Investiment v FRN 2018 8NWLR part 1621 at 335.
“The decision of Appeal Court cited by the my learned silk was before amendment of ACJL. The amended law has taken care of delay and frivolous application to delay justice. The section said that it is only when the arrangement has been made in Lagos that the issue of preliminary objection can be raised.”
