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| CHIEF CLETUS IBETO |
The Court of Appeal, Igbosere, Lagos, presided over by Justice Muhammed Mustapha, was on Monday, January 15, 2024, prayed to dismiss an Appeal filed by the Chairman of Ibeto Energy Development Company, Chief Cletus Ibeto, seeking to nullify the bench warrant issued against him by the Lagos High Court, Ikeja.
The demand was made by the Economic and Financial Crimes Commission, EFCC, which equally hinted to the Appellate Court that the lower court has the power to order the arrest of the businessman, notwithstanding that he filed a preliminary objection challenging its jurisdiction to try him.
The Justice Ismail Ijelu-led Lagos High Court had on November 3, 2023, ordered the arrest of the Defendant after he failed to appear before the court on four different occasions to take his plea over an alleged N4.8 billion fraud despite repeated hearing notices served on him.
It would be recalled that the Commission had charged the Defendant alongside his companies, Ibeto Energy Development Company and Odoh Holdings Ltd, on a 10-count charge of conspiracy, fraud, forgery and fraudulent use of documents.
Not contented with the order and the refusal of the court to hear his preliminary objection, Ibeto filed an appeal before the Appeal Court, formulating seven grounds for Appeal.
Chief Wole Olanipekun, SAN, counsel for the Appellant, insisted that his preliminary objection raised the issue of constitutional territory and that it is of such a threshold nature that it demands to be heard and determined before arraignment.
The Appellant further maintained that his presence in court and his arraignment are not mandatory or preconditions for the hearing of a preliminary objection touching on the court's jurisdiction, which was already ripe for adjudication.
Therefore, the Appellant prayed to the Appeal Court to set aside or vacate the warrant of arrest and also strike out the suit before the lower court.
The counsel for the EFCC, Rotimi Jacobs, SAN, argued that it is only when the Appellant appears before the court and takes his plea to the charge that issues are joined in a criminal trial and that until this happens, he is technically not under the jurisdiction of the court.
The SAN who also posited that the appearance of the Appellant's counsel is insufficient because the law empowers the court when satisfied that the Defendant is absent without a valid excuse, to issue a bench warrant against him to secure his presence in court, added that the intention of the lawmaker in enacting Section 396 (2) of ACJA is that any objection regarding the validity of Information or a charge should only be raised after the plea of the Defendant has been taken.
Jacobs, said, “It is not the intention of the lawmakers to give a Defendant who is challenging the validity of Information or a charge preferred against him the liberty to stay in his house and brief a counsel to appear in court on his behalf without him appearing in court.
"It is clear that the lower court was patient with the Appellant enough, but the Appellant deliberately refused to appear before the court.
“It is, therefore, unfair for the Appellant to argue that the lower court disregarded its record. The Appellant and the other Defendants delayed the proceedings by their deliberate refusal to attend the court's proceedings.”
While proceedings lasted, the anti-graft agency’s lawyer maintained that Chief Ibeto had approached the anti-graft agency seeking to enter a plea bargain arrangement and pay the money he allegedly obtained from the nominal complainant, Chief Daniel Chukwudozie.
But Chief Olanipekun refuted knowledge of the discussion, insisting before the Appellate Court that his client told him to continue with the Appeal.
Consequently, the three-member panel of the Court of Appeal presided over by Justice Muhammed Mustapha, fixed May 7 for the adoption of the Appeal by the lawyers.
Other members of the panel are Justice Folashade Ojo and Justice Abdullahi Mahmud Bayero.
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