Counsel to the defendants, Adebayo Oshodi, did not deny or
confirm the claims.
The defendants, Ibeto and his companies, Ibeto Energy
Development Company and Odoh Holdings Ltd, face a 10-count charge bordering on
allegations of conspiracy, fraud, forgery and fraudulent use of documents
brought against them by the EFCC.
The case could, however, not go on Monday owing to the
arguments between the prosecution and the defence on which application is ripe
for hearing.
Oshodi contended that the court should hear the defendants’ application
challenging the court’s territorial jurisdiction.
But EFCC counsel Rotomi argued that the court could not
entertain the application because the issues canvassed in it are also the same
issues the defendants have placed before the Court of Appeal for determination.
The EFCC counsel also drew the court’s attention to an order
issued by the former trial judge, Justice Ismail Ijelu, who presided over the
case before it was transferred to Justice Ogala, ordering the arrest of Ibeto.
He said that the order was predicated on the defendant’s
alleged refusal to appear in court. The judge cannot hear any application until
the order is vacated or the defendant shows up in court to take his plea.
The Lagos State Director of Public Prosecution, DPP, Babajide
Martins, who appeared in the matter as an interested party, also told the court
that he had filed an Amicus Curiae brief to assist the judge in deciding on
what action to take on the case.
After listening to all the parties, Justice Ogala adjourned
the case to enable her to study the case file and decide how to proceed with
the trial.
The judge then adjourned further hearing in the proceedings
till April 15.
Recall that EFCC had charged Ibeto and his companies before
the court last year.
The planned arraignment of the defendants was, however,
stalled on four occasions, September 28, October 5, November 3 and December 6,
owing to the failure of Ibeto to appear in court, although his lawyers
represented him.
This prompted the former trial judge, Justice Ismail Ijelu,
to accede to the prosecution’s request on November 3, 2023, to issue a bench
warrant for 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 to the Chief Judge seeking a review
of the case file and another to the Attorney General of Lagos seeking his
office’s outright takeover of the case.
Following the petition, the Chief Judge re-assigned the case
to Justice Ogala.
