Justice Kazeem Alogba, the Chief Judge of Lagos State, has reassigned the criminal charge case against Chief Cletus Ibeto, the Chairman of Ibeto Energy Development Company, and two others involved in an alleged N4.8 billion fraud to Justice Oyindamola Ogala.
This decision came after Justice Alogba reviewed petitions submitted by the defendants, who had raised concerns about bias and challenged the jurisdiction of Justice Ismail Ijelu, the initial presiding judge.
In response to various petitions, the defendants accused Justice Ijelu of bias and contested the court’s jurisdiction to handle the case. The Economic and Financial Crimes Commission (EFCC) had filed a 10-count charge against the defendant, and his companies (Ibeto Energy Development Company and Odoh Holdings Ltd), alleging conspiracy, fraud, forgery, and fraudulent use of documents.
During the recent court proceedings before Justice Ogala, neither the prosecution (EFCC) nor the defendants were present. Adebayo Shittu appeared for all the defendants, while the Lagos State Director of Public Prosecution, Dr. Babajide Martins, announced his appearance as an interested party, citing Section 221 of the 1999 Constitution and a petition from the defendants requesting the State’s Attorney General to take over the case.
After hearing from both the defendants’ counsel and the DPP, Justice Ogala ruled that the trial could not proceed due to the absence of the prosecution. She adjourned further hearings to March 11, with a commitment to serving a hearing notice on the EFCC for the next suspension date.
The planned arraignment of the defendant had previously faced delays on four occasions, and Justice Ijelu granted the prosecution’s request on November 3, 2023, to arrest Ibeto for failing to appear in court. The Lagos State Attorney-General, Lawal Pedro, had expressed consideration for taking over the matter based on a petition from the defendant during the December 6 proceedings.
The EFCC, through its lawyer Rotimi Jacobs, opposed the move, alleging an attempt to disrupt the trial. Jacobs contended that the Attorney-General’s letter was written without consulting the EFCC and aimed at shielding the defendant from court appearance.
