Alleged N4.8bn Fraud: Chukwudozie Accuses Ibeto, His Lawyer Of Falsehood
The founder and Group Managing Director of Dozzy Group, Chief Daniel Chukwudozie, has accused a lawyer, Barrister MarcelDim-Udebuani, of attempting to twist the facts of the ongoing criminal prosecution of his client, Chief Cletus Ibeto, over an alleged N4.8 billion fraud.
In a press release signed by a media aide to the businessman, Aguiyi Anaedo, alleged that Dim-Udebuani, in his efforts to launder the image of Ibeto, the Chairman/CEO of Ibeto Energy Development Company, unlawfully and unprofessionally maligned and disparaged Chief Chukwudozie, the innocent victim of the crime and the nominal complainant in the matter which had been thoroughly investigated by the Economic and Financial Crimes Commission (EFCC) before filing the Charge.
Read Chief Chukwudozie’s press release below:
RE: ALLEGED 4.8 BILLION FRAUD: SIR DANIEL CHUKWUDOZIE, THE MASTERMIND BEHIND THE CAMPAIGN OF CALUMNY AGAINST CLETUS IBETO – BY IBETO’S LAWYER.
“The attention of the Aguiyi Anaedo has been drawn to the false, empty, speculatory, conjunctive and malicious publication with the above caption, which was dished out by a lawyer named Marcel Dim-Udebuani, Esq. over an ongoing criminal prosecution of his client, Chief Cletus Ibeto.
“The apparent intention of the lawyer, who unfortunately is one of the lawyers appearing for Chief Cletus Ibeto in the criminal charge No. ID/21492C/2023 preferred against Chief Cletus Ibeto & two others at the High Court of Lagos State is to launder the image of Chief Cletus Ibeto and also to unlawfully and unprofessionally malign and disparage Sir Daniel Chukwudozie, the innocent victim of the crime and the nominal complainant in matter which had been thoroughly investigated by the Economic and Financial Crimes Commission (EFCC) before filing the Charge.
“It is very unfortunate that a lawyer who appears in an on-going criminal charge against his client in a High Court of Justice will issue a press release over the matter describing a pending criminal charge as “Campaign of Calumny”. To the best of our knowledge, this constitutes grave professional misconduct. Rule 33 of the Rules of Professional Conduct for Legal Practitioners states: “A lawyer or law firm engaged in or associated with the prosecution or defence of a criminal matter, or associated with a civil action shall not, while litigation is anticipated or pending in the matter, make or participate in making any extra-judicial statement that is calculated to prejudice or interfere with, or is reasonably capable of prejudicing or interfering with, the fair trial of the matter or of the judgment or sentence thereon.”
“As a lawyer in the case, he is an officer of the court and as such shall not engage in any act or conduct himself in any manner that may obstruct, delay, or adversely affect the administration of justice in the matter. See Rule 30, which he has also breached. Suffice it to restate that commenting on a matter that is sub judice and passing judgment thereon is an aberration that is deprecated and contemptuous. More so, if made by a Lawyer who ought to be a minister in the temple of justice.
“We shall be measured and not stoop to the level exhibited by Chief Ibeto’s Counsel, Marcel Dim-Udebuani, Esq. in this rejoinder which main objective is to correct the misrepresentations of facts dished out to the general public, while avoiding any commentary on matters that are under judicial considerations.
“Assuming, without conceding, the allegations against Chief Cletus Ibeto in the criminal case are false and unfounded, the duty of Mr. Dim-Udebuani, as Counsel, should have been to ensure speedy trial of the matter so that he would demonstrate the innocence of his client to the Court and thus free him from the allegations. On the contrary, what we are witnessing in this case is that Chief Cletus Ibeto has fled from Nigeria. He has been on the run since the matter was scheduled for his arraignment and hearing. Chief Cletus Ibeto was in the country on 28th September, 2023, 5th October, 2023 and 3rd November, 2023 which were the dates fixed for his arraignment, but he failed to appear in court on those dates, having fled to the United States, according to Dim-Udebuani, Esq.
“One wonders why Chief Ibeto would be running away from the opportunity to be heard in court and have his name cleared of the allegations against him, if he is indeed innocent. He should seize the opportunity being presented and use same to demonstrate his innocence instead of running away.
“It is also shocking that Dim-Udebuani, Esq. in furtherance of his mischievous agenda to launder the image of his client referred to two cases filed by his client (Chief Ibeto) which have been decided by the High Court in Port Harcourt in relation to the matter.
“Contrary to the impression created that Sir Chukwudozie approached EFCC after the determination of the High Court cases filed by Chief Ibeto in Port Harcourt, we hereby place it on record that the two suits referred to by Dim-Udebuani Esq., notably Suit No. PHC/265/FHR/2022 between Chief Cletus Ibeto v EFCC & Sir Daniel Chukwudozie and Suit No PHC/158/CS/2022- Ibeto Energy Development Company Ltd v. Dozzy Oil and Gas Limited, were hurriedly filed by Chief Ibeto after Sir Daniel Chukwudozie had submitted his petition dated 7th June, 2020 to the Economic and Financial Crimes Commission and acknowledged in confirmation of receipt by EFCC on 9th June, 2021. The same suits were equally filed much after he (Chief Ibeto) had made written statement to the EFCC and released on personal recognizance by the Commission. We therefore restate that it was in consequence of our aforestated petition that Chief Ibeto filed an action for enforcement of his fundamental rights seeking to stop his possible prosecution by the EFCC, but he lost the case. He has appealed against that decision to the Court of Appeal and the appeal is currently pending at the Port Harcourt Division of the Court of Appeal.
“The substance of the allegation of fraud against Chief Cletus Ibeto was that he purported to have sold over 22 Hectares of land to Sir Daniel Chukwudozie and his companies, but it was found out, even from the recitals of his Deed of Sub-lease, that he legitimately owns an approximate 7.8 hectares out of the land he purportedly sold to Sir Daniel Chukwudozie. Thus, he fraudulently represented to Sir Daniel Chukwudozie that he owned all the land he sold and received money from him for as purchase price over land he does not own. He filed a civil claim No. PHC/158/CS/2022 to assert his right of ownership over all the 22 Hectares of land and failed. It must be noted that both sides are not happy with the decision of the trial court and have appealed to the Court of Appeal on this as well.
“The subject matter of the Appeal by our client, Sir Chukwudozie is that by a Deed of Assignment, registered as No. 37/37/359 in the Lands Registry Office, Port Harcourt, Rivers State, executed between Nigeria Technical Company Limited (NITECO) and Sungreen Oil and Gas Limited, one of Sir Chukwudozie’s Subsidiary Companies, Niteco assigned the remainder of the unexpired residue of its interest in the land covered by a Building Lease registered as No.48/48/28 in the Lands Registry Office in Port Harcourt, less the forty (40) acres which it sub-leased to its Subsidiary, Nigeria Shipbuilders Limited in 1976. Chief Clement Ibeto’s entire root of title to the property is derived from the said forty (40) acres Sub-leased to Nigeria Shipbuilders Limited, which subsequently sub-leased parts of the said leasehold interest to Chief Ibeto and his Companies. The question begging for answer which Chief Ibeto’s lawyer failed to address is how Chief Ibeto who acquired an approximate 7.8 hectares of land, could turn around to claim ownership of an approximate 22 hectares in the same document, where it is stated that his predecessor in title acquired a mere 78000 square metres (7.8 hectares) in the copies of the Deed of Sub-lease given to us by Chief Ibeto.