Justice Oyindamola Ogala of the Lagos State High Court in Ikeja has adjourned fixed May 27 for the trial of the chairman of Ibeto Energy Development Company, Mr Cletus Ibeto for alleged N4.8 billion fraud.
Ibeto is being prosecuted by the Economic and Financial Crimes Commission (EFCC).
The judge fixed the date for further hearing in case due to the prayer of the defence counsel, Mr Adedayo Oshodi to move an application challenging the jurisdiction of the court to hear the charge.
However, counsel for the prosecution, Mr Rotimi Jacob opposed the application on the grounds that the defendant had filed an appeal on same issue before the Court of Appeal and the appellate is yet to decide on it.
Besides, Jacob insisted that the court could not entertain the application because the defendant had not submitted himself for trial.
However, the trial judge contended that that the presence of the defendant was not necessary in view of the pending application.
Ogala ruled that hearing the defendant’s application would amount to nothing because the same issue was pending before the appellate court.
The judge held that it would be to better for the court to awaits Court of Appeal’s verdict on the matter before taking any further step on the matter.
The EFCC had arraigned Ibeto before the court on a 10-count charge of conspiracy, fraud, forgery and fraudulent use of documents.
However, the defendant was yet to appear before the court to take his plea having challenged the jurisdiction of the court to entertain the matter.
Recall that the Rivers State High Court in Port Harcout had given a judgement on the same issue.
In the judgment delivered on March 29, 2023, the court declared Ibeto Energy Development Ltd as the rightful owner of a disputed land.
The court further ruled that since Mr Chukwudozie Daniel of Dozzy Oil did not complete the payment of the land in dispute, Ibeto should make a refund of the money to him.
Dissatisfied with the decision, Chukwudozie and his companies lodged an appeal at the Court of Appeal Port Harcourt Division.
While the case was pending, Chukwudozie filed a petition with the EFCC in Lagos to turn a failed civil land transaction into a criminal case.
That led to a charge being preferred against Ibeto in Charge No. ID/2149/23 between the Federal Republic of Nigeria and Chief Cletus Ibeto.
