The Economic and Financial Crimes Commission (EFCC) has requested the Court of Appeal in Lagos to reject the appeal of Cletus Ibeto, the Chairman of Ibeto Energy Development Company, who is trying to nullify the bench warrant issued on him by a Lagos State High Court in Ikeja.
Ibeto is accused of a N4.8 billion fraud and has failed to appear for trial on four occasions.
The anti-graft agency has charged him with his companies, Ibeto Energy and Odoh Holdings, on ten counts of conspiracy, fraud, forgery, and fraudulent use of documents.
The defendant’s lawyer, Chief Wole Olanipekun (SAN), argued that his preliminary objection raised the issue of constitutional territorial and should be heard and determined before arraignment.
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However, Rotimi Jacobs (SAN), the EFCC lawyer, argued that the appearance of the appellant’s counsel is insufficient because the law empowers the court to issue a bench warrant on him to secure his presence in court when satisfied that the defendant is absent without a valid excuse.
Jacobs also submitted that the lawmakers’ intention in enacting Section 396 (2) of ACJA is that any objection regarding the validity of information or a charge should only be raised after the defendant’s plea has been taken.
At the recent proceedings, Jacobs told the court that Ibeto had approached the anti-graft agency seeking to enter a plea bargain arrangement and repay the money he allegedly obtained from the nominal complainant, Chief Daniel Chukwudozie.
The three-person panel of the court, led by Justice Muhammed Mustapha, fixed May 7 for the adoption of the appeal by the lawyers.
