The new judge presiding over the case fixed a new date as agreed by all parties in the suit after the court declared intention to study the case file properly.
Beside the direction for parties to argue their various applications, Justice Ogala also directed counsel to file and exchange their responses to the application filed by the office the Director of Public Prosecution (DPP) before the next date of adjournment.
She said: ” I want to read the case file and understand it in full. As agreed by all, I want all of us to respond and to be on the same lane.”
At the resume proceeding, the DPP, Dr Babajide Martins announced his appearance on behalf of the Lagos State Attorney-General, party, intending to take over the case.
The Defence Counsel, Mr Ade Oshodi had informed the court of a notice of preliminary objection dated January 26 which has not been heard by the court.
Oshodi also informed the court that the application which was filed by the former counsel to the defendant, Mr Ikpeazu (SAN), be withdrawn as he had taken over the case and had filed a new application dated January 26, 2024
He also said that Chief Wole Olanipekun (SAN) was the one who appealed on the bench warrant issued against the defendant by Justice Ismail Ijelu on Nov.3, 2023.
According to him: “Chief Wole Olanipekun (SAN) appealed on the bench warrant.
“We are not in the matter going on at the appeal court. The learned silk is the one handling the appeal.
“The Chamber of Robert Clarke wrote a petition to the office of the Attorney-General of Lagos State concerning this case.”
Earlier the EFCC counsel, Mr Rotimi Jacob (SAN) had informed the court that he was not served the hearing notice that the matter had been taken to another court and it was not a deliberate attempt not to appear before the court.
The court, however, said that there was affidavits of proof of service on the prosecution.
Jacob told the court that several lawyers who had represented the defendant raised issue of territorial jurisdiction.
“We were at the court of appeal on January 15 on the territorial jurisdiction.
As at last week, the defendant has paid 1.5 billion to EFCC and he promised to conclude the payment in the next three months.
“The state said they are taking over the case but they have not even heard from us,” he said.
Responding to his submission, Martins said that from the point of law, DPP acted on the directive of the A-G and that the prosecution has been served with the Amicus brief filed by the office.
The Amicus brief filed by the office of the AG dated and filed on February 29, 2024 made available to our correspondence is to the effect that the Court should strike out the matter for lacking both territorial and actual jurisdiction.
“The DPP does not need permission to swing into action. My lord, this is everyday occurrence as people write to the office of the A-G to take up matters and it does not mean that the A-G is taking sides with anyone,” he said.
The EFCC in charges pressed against Ibeto said the alleged offences contravene the provision of Section 1 of the Advance Fee Fraud Act 2006 and Section 365(3d) and (e), 366 of the Criminal Law of Lagos State, 2015.
