By Press Unit

Justice I.O. Ijelu of the Lagos State High Court sitting in Ikeja, Lagos, on Friday, November 3, 2023, issued a bench warrant for the arrest of a businessman; Chief Cletus Ibeto, for failing to appear in court for his arraignment over an alleged ₦4.8 billion fraud.

The Judge had, on October 5, 2023, adjourned till November 3, 2023, the arraignment of Ibeto alongside Ibeto Energy Development Company and Odoh Holdings on 10-count charges bordering on obtaining by false pretences, fraudulent conversion of property, criminal breach of trust, forgery and deception, following an application and appeal by his lawyer, Onyechi Ikpeazu, SAN.

Ikpeazu, while seeking an adjournment, had told the court that “the law is not a respecter of any person. I am of the firm view that this is a matter that can be resolved; and if given some time, it can be resolved.” The defence counsel further told the court that he had no medical report with him, in court, to explain the absence of the defendant, adding that the issue at stake was one that could be resolved between the complainant and the defendants.

Responding, prosecution counsel, Rotimi Jacobs, SAN, said though plea bargain was encouraged even in criminal matters, “the EFCC gave them the opportunity to go and resolve their differences, but they did not seize the opportunity, even before the charges were filed. “There should be an arraignment first before the court will assume jurisdiction to do anything”, he said.

After listening to both parties, Justice Ijelu, at the last sitting, expressed concerns that the defence counsel seemed to be trying to deceive the court. The Judge held that defendant could not be shielded from coming to court and adjourned till November 3, 2023 for arraignment of the defendants.

However, at Friday’s proceedings, Ibeto was, again, absent in court.

Jacob, who informed the court that the matter was for arraignment, recalled that the defendants had been absent at previous sittings on September 28, and October 5, 2023. “Your lordship will recall that on the 28th of September 2023, this matter came up for arraignment and my friend, Okoko, SAN appeared for the defendants and pleaded with my lord for adjournment till 5th of October 2023 to enable him produce the defendant.

Your lordship graciously granted the request. On the 5th of October, my learned brother silk, Ikpeazu, SAN, came and represented the defendants and also pleaded with your lordship for adjournment on the grounds that he wanted to talk to the prosecution to do plea bargain, and your lordship insisted that the defendant, whatever step to be taken, must be present in court. Today, the learned senior advocate did not appear. They now brought another counsel to, again, say that he is not in court”, he said.

Counsel for the defendants, D.A. Awosika, SAN, who apologized for the absence of his client, said that the defendant had an underlying ailment. He said: “I am not here to grandstand and I am not here to disrespect the court. The defendants will always come before the court to take their pleas.

However, the position of the law is that when you have a criminal proceedings, it is bifurcated into two: there are proceedings before plea is taken; and there proceedings after plea is taken.” He, thereafter, argued that the defence had an application before the court challenging the jurisdiction of the court to hear the case.

Citing several references, he argued that the application ought to be heard before the plea could be taken. “He is not running away from the court. He is not disrespecting the court. I am urging my lord to allow the defence to move its application challenging jurisdictiction”, he said.

Responding, Jacob noted that a similar argument was canvassed by the previous counsel, adding that “your lordship said that you will not take any objection until the court assumes jurisdiction first and sees that the arraignment takes place. It is then other applications can be taken”. He said, the references adduced by the defence, “were before the advent of the Administration of Criminal Justice Law, particularly at the Federal level, and adopted by the Lagos State Administration of Criminal Justice Law as amended.” Citing Section 374 of the ACJL Lagos State as amended, he argued that the defendant had to take his plea before the defendant could make any application or objection to the charges.

After listening to all the arguments, Justice Ijelu, in a terse ruling, held that the defendant must take his plea before any application could be taken. “The notice of preliminary objection filed in this case as referred by the defence counsel is challenging the jurisdiction of the court. The law is that jurisdictional issues can be raised at any time in the proceedings.

However, the court is of the view that the question of jurisdiction should not be employed to delay the dispensation of justice. From the record of this court, it appears evident that an attempt is being made to shield the defendant from arraignment in this case under so many disguises. In the circumstance, the court holds that defendants have to take their pleas and thereafter bring their objection, which the court should consider along with the substantive issues and a ruling made”, he said.

Thereafter, Jacobs applied to the court for the issuance of a bench warrant for the arrest of the defendant. Awosika told the court that the defendant was old and had underlying health issues. He, therefore, raised an objection to the application, arguing that “there’s no basis for the bench warrant.”

The court, however, held that there was no cogent reason placed before the court for the continuous absence of the defendant.
The objection of the defence to the application for a bench warrant was, thereafter, dismissed by the trial judge.

Justice Ijelu held that “ The application for bench warrant succeeds, and this case is further adjourned till November 15, 2023 for arraignment.”

Views exclusive rights: Public Relations Unit, Economic and Financial Crimes Commission, EFCC, November 3, 2023.

EZEKIEL JOSEPH OYO & EFCC INVESTIGATORS: NOTHING COMPROMISED

The Abuja Zonal Command of the Economic and Financial Crimes Commission, EFCC, arrested Ezekiel Joseph Oyo on April 5, 2023 at the Life Camp area of Abuja metropolis, sequel to discreet surveillance and actionable intelligence on his suspected involvement in internet fraud called Picking, online romance and money laundering.

He was introduced to the fraudulent practice through one of his friends, Bruno, based in Germany. To ply his nefarious business, he opened a wallet address with a user name: Hubert.elwood@outlook.com. Through this wallet address, he received into his block chain, a total fraudulent transaction of $3,982,260.91 (Three Million, Nine Hundred and Eighty Two Thousand, Two Hundred and Sixty United States Dollars, Ninety-One Cent).

He got the money from Remitano, a Visual Digital Company based in Seychelles on March 3, 2023. He benefitted $50,000 (Fifty Thousand United States Dollars) from the fraudulent bitcoin business.

Upon his arrest, investigators at the Abuja Zonal Command of the Commission undertook his detailed profiling, granted him administrative bail with two sureties provided by him. It took his sureties three weeks to meet up with some modest bail conditions offered them and Oyo was released after the conditions were met.

Investigators recovered a total sum of $27,000 (Twenty Seven Thousand United States Dollars) from him and the recovery was duly reported and documented. It is a blatant lie that investigators provided sureties for him. Would Sureties provided by investigators spend three weeks to perfect Oyo’s bail conditions, if indeed they were provided by them? The purported $107,000 (One Hundred and Seven Thousand United States Dollars) ascribed to EFCC investigators is untrue and unfounded. How could a suspect that benefitted $ 50,000 from his transactions offered $107,000 as bribe? Every wild claim made against investigators at the Abuja Zonal Command are mere trumped-up fabrications and should be ignored. All items recovered from him, including a Mercedes Benz C43 AMG, are in the custody of the Commission.

Oyo jumped bail and efforts are being made to bring him to trial for money laundering offences.

Views exclusive rights: Dele Oyewale
Head, Media and Publicity, November 3, 2023.

Court Jails 41 Internet Fraudsters in Oyo, Ogun

The Ibadan Zonal Command of the Economic and Financial Crimes Commission, EFCC, has secured the conviction and sentencing of 41 (forty one) internet fraudsters to various jail terms in Oyo and Ogun States respectively.

They were jailed after pleading guilty to one -count charge each preferred against them by the EFCC. Justices Ladiran Akintola and Adebukola Olajide of the Oyo State High Court sitting in Ibadan; Justices Abiodun Akinyemi, A.A. Babawale and B.B. Adebowale of the Ogun State High Court, Abeokuta and Justice Uche Agomoh of the Federal High Court, Ibadan, Oyo State, jailed the 41 convicts.

The convicts are Siyanbade Timilehin Omobosola, Ilugbo Emmanuel Adekunle, Odude Ayomide Michael, Aderounmu Gbenga Michael, Oluwole David Dare, Habeeblahi Abdullateef Akande, Ololade Sunday Olamide, Ibrahim Victor Abayomi, Adewusi Mojeed Adedeji, Afeez Lekan Jimoh, Peter Seyi Iyanuoluwa, Olatunde Abass, Alan-Oni Joseph Opeyemi, Adetunji Abolaji Adeola and Ogunmola Oluwabori Micheal.

Others are: Ajayi Raymond Damilare, Cyril Stephen Oluwaseyi, Adekunle Solomon, Olalekan Taoreed Miller, Oladipupo Imoleayo Falohun, Moboluwaduro Olalekan Soetan, Ibikunle Oluwadamilare James, Olumoroti Ayomide Segun, Fetuga Olajide Abiodun, Agbolade Mayowa Oluwafemi, Felix Folorunsho Ayodele, Dauda Rokeeb Opeyemi, Adeife Adeleke Oluwasegun, Agbe Simon Abuo, Alonge Timileyin Israel.
The rest are: Lasisi Hassan Ayobami, Olakode Ajibola Ibrahim, Ogundiya Fredrick Olajide, Emmanuel Chidi Peter, Ayanmo Taiwo Wasiu, Daud Sodiq Temidayo, Hammed Ibrahim Ola, Adenuga Tope Lekan, Ibrahim Odewande Olasumbo, Adekunle Habeeb Olamilekan and Monday Blessing Patrick.

Upon their arraignments, they all pleaded “guilty” to the one- count charge when it was read to them individually. Consequently, facts of the cases were reviewed by the prosecution as they prayed the courts to convict and sentence the defendants accordingly.

The courts, having listened to the submissions and prayers of the prosecution and defence counsels, convicted and sentenced Patrick, Olasumbo, Lekan, Ola, Temidayo, Olajide, Ibrahim, Ayobami, Israel, James, Soetan, Solomon and Oluwaseyi to one year imprisonment each while Olamilekan was sentenced to nine months jail term and Falohun to ten months imprisonment.

Also, Wasiu, Peter, Oluwafemi, Abiodun and Olumoroti bagged three months imprisonment each but Oluwafemi, Abiodun and Olumoroti were given option of ₦50,000.00 (Fifty Thousand Naira) fine each in lieu of their sentence.

Furthermore, Oluwasegun, Opeyemi, Ayodele, Damilare, Micheal, Adeola, Opeyemi, Abass, Iyanuoluwa, Jimoh, Adedeji, Abayomi, Olamide, Akande, Michael, Adekunle, and Omobosola were convicted and sentenced to six months community service each as Adekunle and Omobosola got a ₦50,000.00 (Fifty Thousand Naira) and ₦100,000.00 (One Hundred Thousand Naira) fine alongside their sentences respectively.

The courts also convicted and sentenced Abuo, Miller, Dare and Michael to three months community service each but Abuo got a ₦50,000.00 fine in lieu of his sentence while Michael was to pay a fine of ₦30,000.00 alongside his sentence.

The convicts were ordered to restitute their various victims and forfeit all items recovered from them to the Federal Government of Nigeria, including a green colour Toyota Highlander with Registration Number: LSD – 400 – GX and one sky blue colour Toyota Camry with Registration Number: DG – 453 – FT.

All the 41 convicts bagged their imprisonment when they were arrested by operatives of the EFCC for internet-related offences. They were investigated, prosecuted and convicted.

Views exclusive rights: Public Relations Unit, Economic And Financial Crimes Commission, EFCC, November 3, 2023.