Alleged Fraud: Judge Condemns Chief Cletus Ibeto's Continued Refusal To Appear In Court For Arraignment

Justice Ismail Ijelu of the High Court of Lagos State, Ikeja, has threatened to issue a bench warrant against billionaire businessman, Chief Cletus Ibeto, over his failure to appear before the court for arraignment.

Threatening to order the arrest of the business mogul, Justice Ijelu, who did not only condemn Chief Ibeto's continued absence from the court for the third time running, equally berated his counsel for not ensuring his presence before the court.

It would be recalled that the Economic and Financial Crimes Commission, EFCC, had filed a 10-count charge against Chief Ibeto alongside his company, Ibeto Energy Development Company before the judge.

The criminal charge against the businessman borders on obtaining by pretences, fraudulent conversion of property, criminal breach of trust, forgery, and deception.

According to the EFCC, the alleged offence contravenes 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.

When the matter came up for hearing, counsel for the EFCC, Rotimi Jacobs, SAN, told the court that the case was adjourned on September 28, 2023, to yesterday for arraignment following the absence of the defendant.

The SAN further argued that the case was adjourned based on the application made by the defence team to enable the defendants to appear for arraignment.

According to Jacobs, “The senior counsel appeared for them and pleaded with your lordship that the first defendant had medical issues.

“The defendant's counsel had promised to produce him on the next adjourned date, and that is why we are here”.

In his response, Dr Onyechi Ikpeazu, SAN, the defendant's counsel, posited that though the law is not a respecter of any person, the matter could be resolved if given sometime.

While admitting that he had no medical report to explain the absence of the defendant, Dr Ikpeazu further insisted that the issue at stake could be resolved between the complainant and the defendants.

The SAN then prayed to the judge to accommodate the request of the defence for an amicable resolution of the dispute.

But not satisfied, Jacobs, while agreeing that a plea bargain is encouraged even in criminal matters, declared that the EFCC allowed them to go and resolve their differences and that they did not seize the opportunity, even before the charge was filed.

“My lord, there should be an arraignment of the defendant first before the court will assume jurisdiction to do anything”, Jacobs insisted.

After entertaining arguments from lawyers in the matter, Justice Ijelu held that the defence counsel seemed to be trying to deceive the court.

In the words of the judge: “The court believes that when counsel, senior counsel at that, appears before the court and informs it that action will be taken and based on that adjournment was sought, it is the view of the court that the action must be taken.

“The court exists for strict business and does not want to believe that the learned senior counsel deceived the court by taking adjournment at the last date, and pleaded passionately that he would bring the medical report today, and that whatever happens, he will be here today.

“Appearing to now say that the defendant is still healing, that should not be. Counsel must be seen as taking his words seriously, particularly senior counsel. 

“One wonders the type of example you are setting for junior counsel, and this court is not pleased with that. This is the third time that this case will be called and nothing has been done about it.

“Even if there will be a plea bargain, he has to come and take his plea before the court can assume jurisdiction. The defendant cannot be shielded from coming to court”.

Justice Ijelu adjourned the case until November 3, 2023, for arraignment.

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