Sir Daniel approached the Economic and Financial Crimes Commission (EFCC) to criminalize an otherwise a failed civil land transaction in a bid to humiliate, damage, and embarrass Chief Dr. Cletus Ibeto CON and preferred a charge against Chief Dr. Cletus Ibeto and his companies (in Charge No. ID/2149/23) between the Federal Republic of Nigeria and Chief Cletus Ibeto before Honorable Justice I . O IJELU sitting at the Ikeja High Court. The intention was to lure him or Subject him (Ibeto) to court, to face a criminal proceeding that would if time is not taking put him in jail or detention before you know it with a difficult bail condition, thus forcing Chief Ibeto to renegotiate the failed land civil business transaction between him and Dozzy Oil from a weaker perspective.
However, Chief Robert Clarke, SAN, the counsel to Chief Cletus Ibeto CON, petitioned the Honorable Attorney General of Lagos State and called his attention to it and to take over the prosecution that this was based on numerous abuses of court processes by the EFCC, which was being sponsored by Sir Daniel Chukwudozie, as well as the lack of jurisdiction by the trial court to proceed with the charge.
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In response to the petition, the Lagos State Attorney General wrote to the trial judge expressing their intention to take over the proceedings of the case and look into it.
At the resumed hearing on Monday, January 29, 2024, the trial judge, Justice I. O Ijelu stated that he is no longer in charge of the case and that the case file had been handed over to the Chief Judge of the Court for reassignment based on many petitions against him on the case.
THE GENESIS OF THE DISPUTE BETWEEN CHIEF IBETO AND Dozzy Oil:
This section aims to provide an unbiased account of the failed civil land business transaction between Chief Cletus Ibeto (Ibeto) and Sir Daniel Chukwudozie (Dozzy Oil) and how the EFCC got involved.
It is unfortunate that Sir Chukwudozie has engaged in various propaganda mechanisms using various media channels to cast aspersions on Chief Dr. Cletus Ibeto, in order to destroy his hard-earned reputation and business empire by suggesting to the member of the public through media publications that Chief Dr. Cletus Ibeto defrauded and deceived him in a business transaction.
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It is necessary to state here the facts devoid of any propaganda and malicious lies, as has been regularly done by Dozzy Oil and his associates.
HOW IT All STARTED:
Chief Dr. Cletus Ibeto CON, through his company Odoh Holding Ltd, acquired a Mangrove Swamp land in the year 2007, situated along Reclamation Road Layout at Bunda Ama Communities, Port Harcourt City Local Government Area in Rivers State, covering an approximately 22.6536 Hectares of land from the Bundu-Ama Community and Nigeria Shipbuilders Company8 Limited. The land was further subleased by Ibeto to his sister company-Ibeto Energy Development Limited.
Ibeto, sandfilied the Mangrove Swamp empty land in the year 2009, fenced the entire land off and developed part of it without any form of disturbance from anyone.
Ibeto, got all approvals and did registered all documents of the land from the government of Rivers State as appropriate. All in his (Ibeto) possession.
In 2016, Sir Daniel Chukwudozie approached Chief Dr. Cletus Ibeto with the intention to acquire a portion of the land measuring approximately 20.7975 hectares to enable him to construct Petrolium Storage Tanks and sell as part of his business and Ibeto agreed.
They agreed on a selling price of N9,500,000,000.00, with a condition that if he Dozzy could be able to pay the sum of N6,759,187,500.00 within eighteen months for the land, that Ibeto will accept it as full and final payment of the land, but If the payment was not made within the specified period, the selling price of N9,500,000,000.00 would apply.
By March 31, 2017, Sir Chukwudozie had only made a partial payment of N3,295,000,000, not even up to 50%. Despite this, Dozzy attempted to take possession of the land and go to change the ownership at the land registry. He claimed to have discovered that Chief Ibeto did not own the land and demanded a refund of his money. Chief Ibeto advised him to exit the transaction and stop attempting to illegally take over the property.
Chief Dr. Cletus Ibeto filed a court action in Suit No: PHC/158/CS/2022 at the State High Court of Rivers State where the land is located and where the transaction took place against Sir Daniel Chukwudozie and his two companies, seeking a declaration that Ibeto Energy Development Ltd is the rightful owner of the land.
In a judgment delivered on March 29, 2023, the State High Court in Port Harcourt Rivers State declared Ibeto Energy Development Ltd as the rightful owner of the land.
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Dissatisfied with the decision, Sir Daniel Chukwudozie and his companies lodged an appeal at the Court of Appeal Port Harcourt Division. While the case was pending, Sir Daniel Chukwudozie filed a petition with the EFCC in Lagos to turn a failed civil land transaction into a criminal case. A case that is already pending in the appeal court in Port Harcourt. This led to a charge being brought against Chief Dr. Cletus Ibeto in Charge No. ID/2149/23 between the Federal Republic of Nigeria and Chief Cletus Ibeto.
THE ABUSE OF COURT PROCESSES BY THE EFCC
The facts from the Judgment of the State High Court of Rivers State indicate that Chief Dr Cletus Ibeto, through his company, is entitled to the statutory right of occupancy over the land in question.
Ibeto never discussed plea bargain with EFCC according to their lawyer. Ibeto did not commit any offense in this case. It is Dozzy who failed to make full payment of a transaction he initiated and is supposed to pay the cost of breach of contract.
Ibeto, offered in writing to pay him back the part payments he made to him but Dozzy insisted that he has bought Ibeto’s land from the rightful owners, that Ibeto do no longer have or own land there.
The EFCC’s decision to consider a plea bargain in a criminal court, despite the matter being a land transaction already determined by a court of coordinate jurisdiction, raises questions about the abuse of court processes.
Why would a court in Lagos, a different jurisdiction, entertain a matter that has already been decided by a court in Rivers State? This raises concerns about the motive behind bringing the transaction to a different jurisdiction for criminal charges.
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