Justice Oyindamola Ogala of the High Court of Lagos State, Ikeja, on Monday, March 11, 2024, declared that she would entertain the applications filed by lawyers in the case of a businessman mogul, Chief Cletus Ibeto, charged with N4.8 billion fraud, on April 15, 2024.
When the matter came up today, the counsel for the Lagos State Government (LASG), and Director of Public Prosecutions (DPP), Dr Babajide Martins, who intends to take over the case, announced his appearance on behalf of the Lagos State Attorney-General.
In ordering parties to file and exchange responses before the next date of adjournment, Justice Ogala explained that she intends to go through the case file and the various applications instituted by all parties, to understand and stay abreast of the case.
According to Justice Ogala, “I want to read the case file and understand it in full. As agreed by all, I want all of us to respond and to be on the same lane.
"Also on the issue of representation by the DPP, the court wants the prosecution to respond to the application.
“The case is hereby adjourned until April 15 for hearing and further proceedings.”
Before this time, the counsel for the defence, Ade Oshodi had informed the court of a notice of preliminary objection dated January 26 which has not been heard by the court.
The lawyer had equally prayed to the court that the application which was filed by the former counsel for the defendant, Onyechi Ikpeazu (SAN), be withdrawn as he had taken over the case and had filed a new application dated January 26, 2024.
In stating that Chief Wole Olanipekun (SAN) was the one who appealed on the bench warrant issued against the defendant by Justice Ismail Ijelu on November 3, 2023, Oshodi explained that “Chief Wole Olanipekun (SAN) appealed on the bench warrant. We are not in the matter going on at the Appeal Court.
“The learned silk is the one handling the appeal. We also wrote a petition to the office of the Attorney-General of Lagos State concerning this case.”
Meanwhile, in his argument before the judge, the counsel for the Economic and Financial Crimes Commission (EFCC), Rotimi Jacobs (SAN) had notified the court that he was not served with the hearing notice that the matter had been taken to another court and that it was not a deliberate attempt not to appear before the court.
Responding, Justice Ogala said that there was an affidavit of proof of service on the prosecution.
In his reply, Jacobs (SAN) maintained that several lawyers who had represented the defendant raised the issue of territorial jurisdiction.
The SAN posited; “We were at the Court of Appeal on January 15 on the territorial jurisdiction. As of last week, the defendant has paid N1.5 billion to the EFCC and he promised to conclude the payment in the next three months.
“The state said they are taking over the case, but they have not even heard from us.”
Dr Martins in his response stated that from the point of law, the DPP acted on the directive of the AG and that the prosecution has been served with the ‘Amicus Brief’ filed by the office.
He said, “The Amicus Brief filed by The Office Of The AG dated and filed on the 29th of February 2024 was to the effect that the court should strike out the matter for lacking both territorial and actual jurisdiction.
“The DPP does not need permission to swing into action. My lord, this is an everyday occurrence as people write to the office of the AG to take up matters, and it does not mean that the AG is taking sides with anyone. I am speaking from the point of law.”
It would be recalled that the anti-graft agency had initiated a 10-count charge against Chief Ibeto, alongside his company, Ibeto Energy Development Company, before Justice Ismail Ijelu.
But the matter was re-assigned to Justice Ogala for adjudication.
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