Alleged N4.8bn Fraud: New Judge Takes Over Ibeto’s Trial

The trial of the Chairman of Ibeto Energy Development Company, Chief Cletus Ibeto, over an alleged N4.8 billion fraud, will commence on March 11, 2024, before a new judge, Justice Oyindamola Ogala.

That’s because the Chief Judge of Lagos, Justice Kazeem Alogba has reassigned the defendants’ case file following a petition against former trial judge, Justice Ismail Ijelu.

At the commencement of proceedings on Friday before the new trial judge, Justice Ogala, neither the prosecution, the Economic and Financial Crimes Commission (EFCC) nor the defendants was present in court.

When the court’s registrar called the case, Adebayo Shittu announced appearance for all the defendants, and the Lagos State Director of Public Prosecution (DPP), Dr. Babajide Martins also announced the appearance as an interested party in the matter.

Dr. Martin said his appearance in the matter as an interested party was based on Section 221 of the 1999 Constitution and the petition written by the defendants asking the State’s Attorney General to take over the case.

After hearing from the defendants’ counsel and the DPP, Justice Ogala said the trial couldn’t proceed due to the absence of the prosecution, EFCC.

The judge told the parties present that the case would be adjourned and hearing notice would be served on the prosecution, EFCC to appear on the next adjourned date.

The court subsequently adjourned for trial to commence on March 11, 2024.

Last year, the Economic and Financial Crimes Commission (EFCC) had charged the defendant before the court alongside his companies, Ibeto Energy Development Company and Odoh Holdings Ltd, on a 10-count charge bordering on allegations of conspiracy, fraud, forgery and fraudulent use of documents.

The planned arraignment of the defendant on the charge was however stalled on four occasions due to his failure to appear in court, although his lawyers represented him.

This prompted Justice Ijelu to accede to the prosecution’s request on November 3, 2023, to order the arrest of the businessman for allegedly refusing to appear to take his plea despite many undertakings by his lawyers to produce him in court.

The defendant subsequently challenged the decision at the Court of Appeal. He also wrote a petition seeking a review of the case file and the outright take over of the case by the office of the Attorney-General.