The Lagos High Court in Ikeja on Friday ordered the arrest of Cletus Ibeto, Chairman/CEO of Ibeto Energy Development Company, for allegedly refusing to appear in court to stand trial on charges of a N4.8bn fraud.
The bench warrant was issued by Justice Ismail Ijelu in response to a motion moved by Rotimi Jacobs, SAN, counsel to the Economic and Financial Crimes Commission (EFCC), who informed the judge that the defendant had flagrantly failed and refused to appear in court despite repeated hearing notices served on him.
The EFCC charged the defendant and his enterprises, Ibeto Energy Development Company and Odoh Holdings Ltd., with a N4.8 billion fraud.
A 10-count allegation of conspiracy, fraud, forgery, and fraudulent use of documents was brought by the anti-graft agency.
The defendant’s arraignment was postponed on September 28 and October 5 owing to his failure to appear in court, despite the fact that he was represented by counsel.
His lawyer, Onyechi Ikpeazu, SAN, notified the judge on both occasions that his client was missing owing to illness. He did, however, vow to appear in court today.
When the case was called today, however, Ibeto was represented by another lawyer, Dada Awosika, SAN, who likewise informed the judge that the defendant was ill and could not attend court.
Following this development, EFCC Counsel Rotimi Jacobs petitioned the court to issue a bench warrant for the businessman’s arrest.
Jacobs said that the defendant was in Lagos and that the Commission could have arrested him if it had a court order to do so.
“Senior lawyers cannot come to court and waste the court’s time. We urge the court to grant us a warrant of arrest to force the defendant to court,” Jacob said.
In his decision, Justice Ijelu stated that the defence counsel provided no compelling cause for the court to accept his motion for delay.
The judge went on to say that the court did not exist for frivolities but simply to administer justice.
“The defence counsel decided to waste the court’s time. The court is the symbol of the state and not an object of ridicule.
“Although the senior counsel appeared in this matter for the first time, two senior counsels have previously appeared and promised that the defendant will appear for his arraignment.
“In the absence of any cogent excuse to produce the defendant for arraignment, a bench warrant is hereby issued against the defendant,” the court ruled.
Justice Ijelu has rescheduled the defendant’s arraignment until November 15.
