Kemisola Oye
JUSTICE Ismail Ijelu of a Lagos High Court sitting in Ikeja has threatened to issue a bench warrant on billionaire businessman, Chief Cletus Ibeto if he again fails to make himself available in court for arraignment at the next adjourned date.
The arraignment of Chief Ibeto alongside his company, Ibeto Energy Development Company could not go on today as scheduled as he was absent from court, the third time in a row.
The Economic and Financial Crimes Commission (EFCC), has filed a 10-count charge against Ibeto before Justice Ismail Ijelu.
His offences bordered on alleged obtaining by pretence, 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.
When the matter was called, the EFCC counsel, Mr. Rotimi Jacobs (SAN) told the court that the case was adjourned on 28 September 2023 to today for arraignment following the absence of the defendant.
Mr Jacobs said that the court adjourned the matter based on the application of the defendants for them to appear today for arraignment. “The senior counsel appeared for them that day and pleaded with your lordship that the first defendant had a medical issue.
“The defendants’ counsel had promised to produce him on the next adjourned, and that’s why we are here”.
The defendants’ counsel, Dr Onyechi Ikpeazu (SAN) in his response said that the law is not a respecter of any person, he noted that he is of the firm view that the matter could be resolved, and if given some time it can be resolved.
While admitting that he had no medical report with him in court to explain the absence of the defendant, he stressed further that the issue at stake could be resolved between the complainant and the defendants.
He prayed the court if they could be accommodated in that regard and that is his respectful plea.
Responding Mr Jacobs said that he agreed that plea bargain is encouraged even in criminal matters. He however said that the EFCC allowed the defendants to go and resolve their differences and that they did not seize the opportunity, even before the charges were filed.
“My lord, there should be arraignment of the defendants first before the court will assume jurisdiction to do anything.”
After listening to both parties, Justice Ijelu expressed the view that the defence counsel appears to be trying to deceive the court.
The judge said: “The court believes that when counsel, senior counsel at that, appear before the court and inform the court that an action will be taken, and based on that, an 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 (the defendant) 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.”
He threatened to issue a bench warrant against him if he failed to appear in court the next adjourned date.
Justice Ijelu therefore adjourned the case to 3 November 2023 for arraignment.
Eighteen-Eleven Media