By Felix Kuyinu
The Economic and Financial Crimes Commission (EFCC) has urged the Court of Appeal in Lagos to reject the appeal filed by Cletus Ibeto as he seeks nullification of bench warrant issued against him.
Ibeto, Chairman of Ibeto Energy Development Company, was apprehended for an alleged N4.8 billion fraud.
The EFCC fumed at Ibeto’s absence in court four tunes after being charged alongside his companies , Ibeto energy and Odoh Holdings with conspiracy, fraud, forgery and fraudulent use if documents in a 10-count case by the anti-graft agency.
Ibeto is seeking the nullification of the bench warrant issued against him by a Lagos State High Court in Ikeja.
The EFCC contends that the lower court has the authority to issue the arrest warrant for Ibeto despite his preliminary objection challenging the court’s jurisdiction to try him.
Ibeto, disatisfied with the arrest warrant issued against him by Justice Ijelu of the Lagos State High Court alongside the court’s refusal to hear to hear his premilnary objection has now filed an appeal on seven grounds, arguing that his objection raised constitutional territorial issues that should be addressed before arraignment.
His Counsel, Wole Olanipekun (SAN), also countered the arrest warrant stating the court should set aside the arrest warrant and dismiss the suit before the lower court, an expression which was also countered by the EFCC lawyer, Rotimi Jacobs, (SAN).
James argued that Ibeto is not under the court’s jurisdiction until he appears and enters a plea. He stressed that the law allows the court to issue a bench warrant in securing the defendant’s presence when satisfied that the defendant is absent without a valid excuse. He also hinted that Ibeto had sought a plea bargain arrangement with the EFCC to repay the money allegedly obtained from Chief Daniel Chukwudozie, the nominal complainant.
The court adjourned the case till May 7 for the adoption of the appeal by the lawyers in the ongoing saga.
