By Lukman Olabiyi
The Economic and Financial Crimes Commission, (EFCC), yesterday, told Justice Oyindamola Ogala of the Lagos High Court, Ikeja that the Chairman of Ibeto Energy Development Company, Chief Cletus Ibeto, has paid N2.25 billion to the commission.
The EFCC made the claim through its lawyer, Rotimi Jacobs, SAN, at the ongoing trial of Chief Ibeto and his companies, Ibeto Energy Development Company, and Odoh Holdings Ltd, over an alleged N4.8 billion fraud.
The EFCC had filed a 10-count charge of conspiracy, fraud, forgery and fraudulent use of documents against the businessman and his companies.
However, the planned arraignment of the defendant was stalled on, at least, seven occasions, owing to his failure to appear in court, although he was represented by his lawyers. At the proceedings, yesterday, Jacobs also informed Justice Ogala that the anti-graft agency was in a dilemma because the defendant had refused to appear before the court, but chose, instead, to come to the commission’s office to negotiate on how to settle his indebtedness.
Jacobs said: “We need to know what their plans are. Are they planning to continue with the litigation, or do they want to sit with the prosecution and complainant to negotiate an out-of-court settlement? He has paid back a large part of the money, and we need to know whether we should use it as an exhibit or consider it his commitment to an out-of-court settlement, because they have continued to file different applications challenging the court’s competence to hear the matter”.
The defence counsel, Adebayo Oshodi, did not respond to the EFCC’s claims, but sought the leave of the court to re-list an application challenging the court’s territorial jurisdiction, which he had voluntarily withdrawn at the last sitting of the court. This move was opposed by Jacobs, who argued that since the application was withdrawn at the instance of the defence team, and then struck out by the court, it could not be re-listed before the same court.
Justice Ogala, in her intervention, agreed with Jacobs. She said the counsel voluntarily withdrew the application, and she did not believe the same could be re-listed. The judge also frowned at the action of the defendant, who refused to appear before the court, but continued to appear before the anti graft agency to pay back the money he was accused of obtaining from the complainant.
Justice Ogala said she would not comment on the move by the prosecution and the defence to settle the matter out of court, as she was only focused on the case before her. After being informed by the lawyers that the appeal challenging the court’s jurisdiction before the Court of Appeal is still pending, Justice Ogala adjourned the case to October 24 for further hearing.