A Lagos State High Court sitting in Ikeja on Friday issued a bench warrant for the arrest of businessman Cletus Ibeto for failing to appear in court for his arraignment over an alleged N4.8 billion fraud.
Ibeto is accused alongside his companies, Ibeto Energy Development Company and Odoh Holdings, of obtaining by false pretences, fraudulent conversion of property, criminal breach of trust, forgery and deception.
The Economic and Financial Crimes Commission filed 10-count charges against them in October 2023, but they have not appeared in court to answer the charges.
On Friday, the EFCC prosecutor, Rotimi Jacobs, SAN, informed the court that Ibeto was again absent in court.
“Your lordship will recall that on the 28th of September 2023, this matter came up for arraignment and my friend, Okoko, SAN appeared for the defendants and pleaded with my lord for adjournment till 5th of October 2023 to enable him produce the defendant.
“Your lordship graciously granted the request. On the 5th of October , my learned brother silk, Ikpeazu, SAN, came and represented the defendants and also pleaded with your lordship for adjournment on the grounds that he wanted to talk to the prosecution to do plea bargain, and your lordship insisted that the defendant, whatever step to be taken, must be present in court. Today, the learned senior advocate did not appear. They now brought another counsel to, again, say that he is not in court,” he said.
Jacobs recalled that Ibeto and his companies had been absent at previous sittings on September 28 and October 5, 2023.
He urged the court to issue a bench warrant for Ibeto’s arrest.
Defence counsel, D.A. Awosika, SAN, apologised for Ibeto’s absence, but said he had an underlying ailment.
Awosika also argued that the court should not issue a bench warrant until Ibeto had been given a fair hearing.
“I am not here to grandstand and I am not here to disrespect the court. The defendants will always come before the court to take their pleas. However, the position of the law is that when you have criminal proceedings, it is bifurcated into two: there are proceedings before plea is taken; and there proceedings after plea is taken,” he said.
However, Justice Ijelu held that Ibeto must take his plea before any application could be taken.
The judge issued a bench warrant for Ibeto’s arrest and adjourned the case to November 15, 2023 for arraignment.
