The Economic and Financial Crimes Commission (EFCC) has asked the Court of Appeal sitting in Lagos State to dismiss an appeal filed by the Chairman of Ibeto Energy Development Company, Cletus Ibeto, in which he is seeking to nullify the warrant of arrest issued against him by a Lagos State High Court.
The Economic and Financial Crimes Commission (EFCC) has asked the Court of Appeal sitting in Lagos State to dismiss an appeal filed by the Chairman of Ibeto Energy Development Company, Cletus Ibeto, in which he is seeking to nullify the warrant of arrest issued against him by a Lagos State High Court.
The anti-corruption agency told the three-man panel of the appellate court led by Justice Muhammed Mustapha, that the Lagos State High Court has the power to order Ibeto’s arrest, notwithstanding that he filed a preliminary objection challenging the lower court’s jurisdiction to trial him.
Recall that on November 3, 2023, Justice Ismail Ijelu of the Lagos High Court sitting in Ikeja, the state capital ordered Ibeto’s arrest after he failed to appear before the court on four different occasions to take his plea over an alleged N4.8 billion fraud despite repeated hearing notices served on him.
The EFCC had charged Ibeto alongside his companies, Ibeto Energy Development Company and Odoh Holdings Ltd, on a 10-count charge of conspiracy, fraud, forgery and fraudulent use of documents.
But Ibeto, through his lawyer, Chief Wole Olanipekun (SAN), filed a preliminary objection challenging the jurisdiction of the court to hear him.
The businessman said that his preliminary objection raised the issue of constitutional territory and that it is of such a threshold nature that it demands to be heard and determined before arraignment.
Also, he contended that his presence in court and his arraignment are not mandatory or preconditions for the hearing of a preliminary objection touching on the court’s jurisdiction, which was already ripe for adjudication.
Therefore, he asked the Court of Appeal to set aside or vacate the warrant of arrest issued by the lower court and also strike out the suit before the lower court.
However, the counsel for the EFCC, Rotimi Jacobs (SAN), argued that it is only when the appellant appears before the court and takes his plea to the charge that issues are joined in a criminal trial and that until this happens, he is technically outside the court’s jurisdiction.
According to Jacobs, the appearance of the appellant’s counsel is insufficient because the law empowers the court when satisfied that the defendant is absent without a valid excuse, to issue a bench warrant against him to secure his presence in court.
According to Channels TV, he further noted that the intention of the lawmaker in enacting section 396 (2) of Administration of Criminal Justice Act, (ACJA) is that any objection regarding the validity of a charge should only be raised after the plea of the defendant has been taken.
On Monday, the EFCC counsel told the court that Ibeto had approached the anti-graft commission seeking to enter a plea bargain arrangement and pay back the money he allegedly obtained from the nominal complainant, Chief Daniel Chukwudozie.
But Ibeto’s lawyer denied knowledge of the discussion, and said that Ibeto told him to continue with the appeal.
The court therefore fixed May 7 for the adoption of the appeal by the lawyers