Justice Ijelu said Ibeto case could not proceed until the chief judge decides on petition challenging the court’s jurisdiction and that accusing him of bias.
Ibeto and his companies were charged with N4.8 billion fraud.
Economic and Financial Crimes Commission (EFCC) could not arraign Ibeto on September 28, October 5, November 3 and December 6 as he was only represented by his lawyers.
Justice Ijelu then acceded to the prosecution’s request on November 3, to order the arrest of the businessman, for allegedly refusing to appear to take his plea despite undertakings by his lawyers to produce him in court.
On December 6, Lagos State Attorney-General/Commissioner for Justice Lawal Pedro, informed the court the state had taken over the matter based on a petition by the defendant.
Director of Public Prosecutions (DPP), Dr. Jide Martins, representing the Attorney-General, also informed the court of a petition by the law firm of Robert Clarke, counsel to Ibeto, seeking a review of the case file and take over of the case by the Office of Attorney-General.
The case originated when Daniel Chukwudozie filed a petition with EFCC over a failed transaction with Ibeto and his companies, which occurred at Reclamation Road Layout in Bundu Amo Community, Port Harcourt Local Government, Rivers State.
Both parties appeared before High Court of Rivers State to resolve their dispute in Suit PHC/15S/CS/2022, between Ibeto Energy Development Limited & Anor vs. Dozzy Oil & Gas Limited & 2 Ors.
The court in Port Harcourt declared Ibeto Energy as rightful owner of the land, awarding it Statutory Right of Occupancy over the land.
Dissatisfied, Chukwudozie and his companies lodged appeals, while Ibeto filed a cross-appeal challenging a specific aspect of the judgment.
These appeals are pending at Court of Appeal, Port Harcourt Division.
While the case awaits resolution, Chukwudozie petitioned EFCC, resulting in the charge before Justice Ijelu.
It is expected that the attorney-general will proceed with the case based on Clark’s petition.