The Economic and Financial Crimes Commission (EFCC) and the Chairman of Dozzy Oil and Gas Limited, Daniel Chukwudozie, have asked a Rivers State High Court to dismiss a suit filed by the Chairman of Ibeto Group, Chief Cletus Ibeto seeking to stop the EFCC from investigating him over an alleged N4.8 billion fraud.
In a Suit marked PHC/268/FHR/2022, Ibeto is praying the court to stop the EFCC from investigating allegations of fraud bordering on obtaining by false pretence the sum of N4.8 billion, forgery and criminal breach of trust leveled against him by Dozzy Oil and Gas Limited.
Ibeto had filed an originating motion on notice, praying the court to declare that EFCC lacks powers to interfere on land disputes.
He also prayed the court to declare his alleged harassment by the commission unlawful and to restrain it from arresting him and to also order the commission to pay him N500 million damages for depriving him of his fundamental human rights as a Nigerian citizen.
However, when the case came up for hearing, counsel to the EFCC, Simon Ibekwute drew the court’s attention to his Preliminary Objection filed on February 21, 2022, saying that the court lacked jurisdiction to entertain the suit in Rivers State because the alleged infringement of the applicant’s fundamental human rights occurred in Abuja.
The EFCC’s counsel also filed a motion for extension of time as his processes filed was not within the time limit as provided by
law.
Dozzy oil’s boss counsel, Okey Obikeze also informed the court that he filed a preliminary objection to counter Ibeto’s motion.
Responding, Henry Bello, who stood for Onyechi Ikpeazu, SAN the Lead Counsel to Ibeto told the court that he was yet to file his reply to the preliminary objection by the EFCC.
After hearing EFCC’s motion for extension of time which was not opposed by counsel to Ibeto and Chukwudozie, and following the submissions by all the counsel on the matter, the trial Judge, Justice Boma Diepiri adjourned hearing on the motions and counter motions by all parties to April 12, 2022 and directed them to file all their processes before the adjourned date in order to enable the court hear the matter and possibly fix a date for judgement.
Chief Ibeto was invited by the EFCC to produce documents to support his claim that he is the owner of the parcel of lands measuring 20.293 hectares which he sold to the Chairman of Dozzy Oil and Gas LTD, Sir Daniel Chukwudozie. However, after allegedly failing to provide the documents, he approached the High Court in Portharcourt to determine the legality of his invitation by the EFCC.
According to court documents obtained, Dozzy Oil boss, Chief Chukwudozie alleged that he was approached by Chief Ibeto to purchase a parcel of land situated at Reclamation Layout Phase 2 Port Harcourt, but only to discover that the said property did not belong to the claimant (Ibeto) and his companies.
Commenting on the matter after the court’s sitting, Chukwudozi’s Counsel, Obikeze, said that the Fundamental Rights Enforcement Suit filed by Ibeto was aimed at diverting attention from the N4.8Billion fraud allegation leveled against him. According to him, the case is a trick by the applicant to evade arrest and prosecution by the EFCC.
“The issue here is that Chief Ibeto defrauded Chief Chukwudozie of N4.8billion under the guise of selling a parcel of land containing an area approximately 20.293 hectares situated at Bundu Ama Community to him in 2017.”
He further said that Chukwudozie wrote a petition to the EFCC alleging that Ibeto obtained from him the sum of N4.8 billion under false pretence when he purportedly sold to him the parcel of land in Port Harcourt, Rivers State. He also accused Ibeto of fraudulent conversion of property, criminal breach of trust, forgery and deception. He also stated that Ibeto refused to refund his money to him when he asked him to do so and that he was left with no other option than to ask the EFCC to intervene. Obikeze further said that Chief Chukwudozie in his petition to the EFCC, also claimed that Ibeto had offered to sell his company’s property situated at NITECO Shipyard Area, Reclamation Layout Phase 11, Port Harcourt Rivers State to him.
“Chief Ibeto the Chairman of the Ibeto Group and our Client who is also the Executive Chairman of Dozzy Oil and Gas Ltd, (Sir Daniel Chukwudozie) had a fraternal relationship spanning over thirty years such that the N4.8 Billion paid over this transaction were paid to the accounts designated by Chief Ibeto on trust prior to his availing our client with the title documents of the subject property because of their existing relationship as close friends and confidants.
“We state that after a full reconciliation of the disbursements, our client discovered that he has made a total transfer of the sum of Four Billion, Eight Hundred and One million Naira (N4,801,000,000) to Chief Ibeto’s designated accounts including an outstanding 3 million US Dollars debt which Chief Ibeto owed our client that was by the agreement by the parties applied as further payment on this transaction before Chief Ibeto availed him with copies of their/his title documents to the property registered as No 45/45/280 and No 47/47/280 in the Lands Registry Office, Port Harcourt to enable it conduct a search of the property amongst other due diligence.
