A Lagos High Court sitting in Ikeja has adjourned until April 15 to hear applications of counsels involved in the case of a businessman, Chi...
A Lagos High Court sitting in Ikeja has adjourned until April 15 to hear applications of counsels involved in the case of a businessman, Chief Cletus Ibeto, charged with N4.8 billion fraud.
Justice Oyindamola Ogala adjourned the matter to enable her go through the case file of various applications submitted by parties, to understand and stay abreast of the case.
Justice Ogala ordered parties to file and exchange responses before the next adjourned date.
" 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 page.
"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", she said.
Earlier during resumed proceedings yesterday, the Director of Public Prosecution (DPP) Dr Babajide Martins, announced his appearance on behalf of the Lagos State Attorney-General as party intending to take over the case.
The Economic and Financial Crimes Commission (EFCC) prosecuting counsel, Rotimi Jacob (SAN) had informed the court that he was not served the hearing notice that the matter had been taken to another court and it was not a deliberate attempt not to appear before the court.
The court, however, said that there was affidavits of proof of service on the prosecution.
Jacob told the court that several lawyers who had represented the defendant raised issue of territorial jurisdiction.
"We were at the court of appeal on January 15 on the territorial jurisdiction.
"As at last week, the defendant has paid N1.5 billion to 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," he said
The defence counsel, Ade Oshodi had informed the court of a notice of preliminary objection dated January 26 which he said has not been heard by the court.
Oshodi told the court that the application which was filed by the former lawyer of the defendant, Mr Ikpeazu (SAN), be withdrawn as he had taken over the case and had filed a new application dated January 26.
He also informed the court that it was Chief Wole Olanipekun (SAN) who filed an appeal on the bench warrant issued against the defendant by Justice Ismail Ijelu on November 3, 2023.
According to him: "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."
Responding, Dr Martins said that from the point of law, the DPP acted on the directive of the A-G 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 Attorney General dated and filed on February 29, 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 everyday occurrence as people write to the office of the AG to take up matters and it does not mean that the A-G is taking sides with anyone.
"I am speaking from the point of law," he said.
EFCC had filed a 10-count charge against Ibeto, alongside his company, Ibeto Energy Development Company, before Justice Ismail Ijelu.
The case file was later re-assigned before Justice Ogala following a petition by the defendant.
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