The planned arraignment of Cletus Ibeto, the Chairman of Ibeto Energy Development Company, faced another setback on Tuesday at the Lagos High Court in Ikeja. This marks the fourth time the arraignment has failed, as Ibeto once again did not appear in court. His legal team, led by Senior Advocate of Nigeria Uche Obi, informed Justice Ismail Ijelu that a legal representation issue had arisen due to the Lagos State Attorney-General's office seeking to take over the prosecution of the case. The Economic and Financial Crimes Commission (EFCC) described this move as an attempt to derail the trial.

The businessman, along with his companies, Ibeto Energy Development Company and Odoh Holdings Ltd, faces 10 counts including alleged conspiracy, fraud, forgery, and fraudulent use of documents. Earlier, the court had issued a bench warrant against Ibeto, ordering his production in court for the arraignment.

During the proceedings, the Lagos State Director of Public Prosecutions, Dr. Jide Martins, representing the state’s Attorney-General, informed the court of a petition from another Senior Advocate of Nigeria, Robert Clarke, seeking a review of the case file and the complete takeover of the case by the Lagos Attorney General. The prosecution counsel, Rotimi Oyedepo (SAN), argued against this, stating that the main counts of the charge are based on federal laws, limiting the state Attorney-General's power to take over federal offenses.

Oyedepo also informed the judge that the EFCC had been unable to apprehend Ibeto despite visiting his office and house multiple times. He mentioned that Ibeto's lawyer, Uche Obi, stated that his client was in the US seeking treatment for a life-threatening ailment, submitting a letter from the doctor to that effect.

In light of these developments, Justice Ijelu adjourned the case until January 29, 2024, to resolve the issue of representation and prosecution of the defendant. "Having considered all submissions made by the lawyers, the court is of the view that the issue of representation by the learned prosecutor on record and that of the AG is an issue and has to be resolved," the judge ruled.

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