We are in exclusive possession of documents evidencing that the dispute between Sir Daniel Chikwudozie and Chief Dr. Cletus Ibeto CON, is a civil matter and had been fully litigated upon by a River State High Court, sitting in Port Harcourt. According to the Court, a copy of whose judgement we have, reads;
“In connection with the monies deposited with the Claimant as part payment of the purchase price for the Claimants land, I find that it is improbable that the Defendants, claiming the sum of SUSD 3,000,000.00 and pegging a value of an exchange rate of N502.00 (Five Hundred and Two Naira) would make an error of calculation and instruct their solicitors to demand the refund of the sum of N4,000,000,000.00 (Four Billion Naira) instead of N4,801,000,000.00 (Four Billion, Eight Hundred and One Million Naira) which would have been the correct figure if the Defendant had factored in their claim initial deposit of $USD 3,000,000.00. let me quickly add here that I disbelieve the evidence presented by the Defendants that the said sum had been factored into their negotiations for the procurement of the land in dispute. Both parties agreed, and as I find, that a reconciliation document, Exhibit 12 was signed between them on 31/7/2017 and the claimed sum of $ USD 3,000,000.00 was not included. The explanation put forward by the Defendants in their pleadings and testimonies that the sum of N3,295,000,000.00 (Three Billion, Two Hundred and Ninety-Five Million Naira) was calculated for Parcel B only, is in my view too weak to sway and persuade this Court”. 
Therefore, document speaks for itself but for emphasis, the trial Court finds at page 20 of the Judgment that the only signed document with respect to the land transaction of Chief Dr. Cletus Ibeto CON and Sir Daniel Chukwudozie was made on the 31″ day of March, 2017.
The said document shows that the entire 10 counts boardering on N4,800,000,000.00 (Forty Billion, Eight Million Naira) are not only cosmetic but a trump-up Charge to tarnish the sacred image of Chief Dr. Cletus Ibeto CON but as his name goes the “Miri Mara Ugo Saraya Aha’
BACKGROUND OF THE CASE
Sir, Chief Dr. Cletus Ibeto had a contractual business with Sir Daniel Chukwudozie, which is civil and outside the realm of criminal action.
By virtue of a sub-lease dated 19th March, 2010 and registered as Number 45 at page 45 in volume 280 of the Lands Registry, in Port-Harcourt, Rivers State, Ibeto Energy Development Limited became vested with a large track of land situate at Reclamation Road Layout, Bunda Ama, Port-Harcourt, Rivers State.
The land has a cumulative Area of 22.6536 Hectares, comprising of Parcel A with an Area of 18560.840 square meters (1.8561 Hectares) and Parcel B with an Area of 207975.417 square meters (20.795
Hectares) respectively which are shown on plan No. KES/RV/24/2008.
Upon acquisition of the swampy land, from both Shipbuilders and Bunda Ama communities, our clients deployed significant resources running into Billions of Naira in engaging professionals including a German company in Reclamation and sand-filling of the waterlogged land.
Chief Dr. Cletus Ibeto CON, also fenced the land with concrete walls, developed a reasonable part of the land, while the Ibeto cement carries out its operation on a portion thereof.
Indeed,Chief Dr. Cletus Ibeto CON have been in quiet and undisturbed possession of the vast Parcel of land since 2007, starting from acquiring some portion of the land from Bunda Ama communities.
The then Governor of Rivers State, Rt. Hon. Chibuike Rotimi Ameachi wrote to the Ministry of Lands for its perfection which was duly done.
It is important to inform the General Public that the entire Count 1 to 10 filed by EFCC against Chief Dr. Cletus Ibeto CON, contain facts already litigated upon and final Judgment entered in favour of Chief Dr. Cletus Ibeto and his company.
It is therefore preposterous for Sir Daniel Chukwudozie of Dozzi Oil and Gas who appealed the findings of the Judgment of the High Court which is still subsisting to turn around using the instrumentality of the state apparatus to criminalize simple civil commercial transaction.
It is also funny/ridiculous reading from the media that Chief Dr. Cletus Ibeto CON defrauded Sir Daniel Chukwudozie in the sum of
N4,800,000,000.00 (Four Billion, Eight Million Naira) for purchase of landed property in Port-Harcourt, Rivers State. The document tendered and marked Exhibit 12 by Hon. Justice A. Enebeli at page 20 line 14 which I shall reproduce here verbatim for the public to know that there is nothing like N4,800,000,000.00 (Four Billion, Eight Hundred Million Naira) or fraud associated with the total sum of N3,295,000,000.00 (Three Billion, Two Hundred and Ninety-Five Million Naira) deposited for purchase of Chief Dr. Cletus Ibeto’s landed property by Sir Daniel Chukwudozie and there is a document to that fact executed by Chief Dr. Cletus Ibeto CON and Sir Daniel Chukwudozie.
It is a fact that at no time did Chief Dr. Cletus Ibeto CON pay $3,000,000.00 (Three Million US Dollars) for the purchase of the alleged property. The $3,000,000.00 (Three Million US Dollars) that Sir Daniel Chukwudozie gave to Chief Dr. Cletus Ibeto was a separate transaction which Chief Dr. Cletus Ibeto paid its naira equivalent which was N705,000,000.00 (Seven Hundred and Five Million Naira) based on then applicable exchange rate of $1: N235 as at 2015/2016) and has no bearing and relationship with the land transaction which also started only in June 2016 to May 2017 And sequel to all these shenanigans, it is for the best interest of justice and kudos for the Honourable Attorney-General of Lagos State taking over this case as he did on the 5′” day of December, 2023.
The media report is sensational and did not represent the position of the law.
The letter from the office of Hon. Attorney-General of Lagos State is unambiguous and clear to the blind and audible to the deaf. So, it is quite unfortunate that media is reporting that the EFCC is resisting the Honourable Attorney-General of Lagos State from taking over. However, for the purpose of clarity, the office of Honourable Attorney-General of Lagos State as of the letter presented to the Court in accordance with Section 211 of the 1999 Constitution of Federal Republic of Nigeria (as amended) is the Prosecutor and not persecutor and it shall be for the overriding interest of justice and not to massage any body’s ego. It is indeed awesome, fantastic and proper thing to be done in this circumstance to avoid miscarriage of justice.
Sir Daniel Chukwudozie is in total breach of contract and the entire issue concerning the failed land transaction is subjudice and his appeal has been entered at the Court of Appeal Port-Harcourt and Chief Dr. Cletus Ibeto Cross-Appeal has also been entered and the entire count Charge boarders on commercial transaction and there is no paragraph or line where the Fundamental Right Judgment indict Chief Dr. Cletus Ibeto or any of his two companies. 
The Judgment is hereby published for public consumption to show that the alleged and Utopia N4,800,000,000.00 (Four Billion, Eight Million Naira) purported fraud case is geared towards FBtarnishing the image of Chief Dr. Cletus Ibeto CON and has no iota of substance in it. It is just only to hoodwink, malign, humiliate and make Chief Dr. Cletus Ibeto CON look bad and reduce to public odium and ridicule.
Chief Dr. Cletus Ibeto CON is an industrious and impeccable character which endeared him to all his local and international partners and the obnoxious and falsehood published in the media by Sir Daniel Chukwudozie media contractors are diversionary and unfortunate.
It is ignorant and poor knowledge of journalism cum legal jurisprudence that will made an online media akelicous.net/2023/12/06/EFCC-opposes
N4,800,000,000.00 (Four Billion, Eight Million Naira) case takeover by Lagos Attorney-General. The law is settled that the office of the Honourable Attorney-General has taken over the prosecution of the case in exercise of the statutory powers provided under Section 211 (1), (b) (2) of the constitution of the Federal Republic of Nigeria, 1999 (as amended and Administration of Criminal Justice Law, Lagos State (as amended) and all other powers enabling the office in that regards including the ratio desidendi in the case of State Vs. Ilori (1983) 1SCNLR 94 which is, that the Powers of the Honourable Attorney-General over criminal prosecution is not subject to review by any Court of law. That the powers of the Honourable Attorney-General is a great ministerial prerogative coupled with grave responsibilities that is exercised having regard to the public interest, the interest of Justice and the need to prevent any abuse of legal process.
That the prosecutorial authority of the Economic and Financial Crimes Commission (EFCC) is delegated and subject to the discretion of the Honourable Attorney-General which authority the Chairman of Economic and Financial Crimes Commission (EFCC) cannot sub delegate to Chief Rotimi Jacobs, SAN or any other Counsel by way of a fiat as expressed in the legal Maxim “Delegatus non potest delegare.
Please escalate the Judicial authority of KATAGUM VS. ROBERTS (1968) NMLR 167 to the effect that a delegate cannot sub-delegate his authority.
Therefore, the publication is not only misleading but also fallacious likewise allegation that Chief Dr. Cletus Ibeto CON sneaked out of the Country and evading arraignment. This is also ignorance dancing at Nkwo Nnewi Market Square.
However, to strengthen the records beyond any iota of doubt, the first time the case came up before Honourable Justice I. O. Ijelu’s Court on the 28th day of September, 2023. The Defendants (Chief Dr. Cletus Ibeto and His two companies) had filed and served Notice of Preliminary Objection challenging the territorial procedural jurisdiction of the Court, which in our criminal jurisprudence it is called pre-arraignment procedure which is not abolished by the advent of Administration of Criminal Justice Law of Lagos State 2021 precisely Section 273.
It is fundamental to note that there is no proceedings or trial before Hon. Justice I. O. Ijelu’s Court which is contemplated by the provision of Section 273 of the ACJL 2021 of Lagos State and Section 40 of the EFCC ACT.
In the instant case of calumny, the plea of the Defendants/ Applicants have not been taken by the trial Court for it to commence trial or proceedings in this matter, which proceedings Section 273 of the ACJL 2021 of Lagos State and Section 40 prohibits the Court to stay. The pre-arraignment stage hearings on this case so far is not a trial but one in which it is being contested that there should not be a trial until the trial stage is reached (when the Defendants are called upon to take their plea to the charge or information) there is no proceedings to be stayed as contemplated under Section 273 of the ACJL 2021 of the Lagos State and Section 40 of the EFCC Act and as such an Order made on the 3 November, 2023 during the pendency of jurisdictional power of the Court with greatest respect is nullity and of no effect and we are confident that by virtue of Section 211 (3) of 1999 Constitution of Federal Republic of Nigeria (as amended) is obviously not for the interest of Justice and for the need to prevent abuse of Legal process. The Honourable Attorney-General of Lagos State has done noble.
