In a significant development on November 3, 2023, Justice I.O. Ijelu of the Lagos State High Court in Ikeja issued a bench warrant for the arrest of Chief Cletus Ibeto, a prominent businessman. This action was taken due to his failure to appear in court for arraignment regarding an alleged N4.8 billion fraud case.
The arraignment of Ibeto, along with Ibeto Energy Development Company and Odoh Holdings on 10-count charges related to obtaining by false pretenses, fraudulent property conversion, criminal breach of trust, forgery, and deception, was initially scheduled for November 3. This postponement followed a request by his lawyer, Onyechi Ikpeazu, SAN, who emphasized that the matter could potentially be resolved given some more time.
The prosecution counsel, Rotimi Jacobs, SAN, reminded the court that the defense had been granted opportunities to address their differences even before the charges were filed, but these opportunities were not seized. He emphasized the need for arraignment before any further actions could be considered.
After evaluating both arguments, Justice Ijelu expressed concerns about the defense counsel’s intentions to deceive the court. The judge concluded that the defendant could not be shielded from appearing in court and adjourned the case to November 3, 2023, for arraignment.
However, on the mentioned date, Chief Cletus Ibeto was once again absent in court. Jacob reminded the court that the defendants had been absent during previous sittings on September 28 and October 5, 2023.
Counsel for the defendants, D.A. Awosika, SAN, apologized for the absence of his client and explained that the defendant had an underlying ailment. He argued that the defense had an application challenging the court’s jurisdiction and requested it be heard before taking the plea.
Jacob noted that a similar argument had been raised previously, and the court ruled that the plea must be taken before any application or objection. He cited relevant legal provisions to support this stance.
In a concise ruling, Justice Ijelu stated that the defendant must take their plea before any application could be entertained, emphasizing the importance of not using jurisdictional issues to delay justice. He recognized that various tactics were being employed to avoid the arraignment.
Consequently, Jacobs requested the issuance of a bench warrant for the defendant’s arrest, to which Awosika objected on the grounds of the defendant’s age and underlying health issues. However, the court found no compelling reason for the continuous absence of the defendant and dismissed the defense’s objection.
The court granted the application for a bench warrant and adjourned the case to November 15, 2023, for the arraignment.”
