The Economic and Financial Crimes Commission, EFCC, on January 10, 2013, told the Federal High Court sitting in Abuja
why the $15 million (Fifteen Million Dollars) ex- governor James Ibori
bribe money should not be returned to the Delta State Government.
Presiding
Justice Gabriel Kolawole had on July 24, 2012 granted an interim order
of forfeiture of an unclaimed $15m Ibori bribe to the federal government
following an application by the EFCC. In granting the order, the judge
upheld the federal government’s claim that the money “If left untouched
and unspent in the state it was kept in the strong room (of the CBN)
since April 2007, may eventually be destroyed, defaced, mutilated and
become useless.”
But
the Delta state government had approached the court asking that the
money belonged to the state government and should therefore be returned
to the state.
In
a 29 paragraph counter affidavit in opposition to the claimants
affidavit, the EFCC through its counsel, Rotimi Jacobs, SAN, said that
the said sum of $15 Million was given as bribe by an undisclosed agent
of James Ibori but neither the said James Ibori nor any other person
ever admitted giving the said amount to the EFCC or to any person
whatsoever.
“That
the Delta State Government did not petition the EFCC either before or
after the filing of the charge against the said James Ibori complaining
that the sum of $15 million or any other sum was missing in the account
of the state or that any fund belonging to Delta State was stolen by
James Ibori or any of his associates”.
While
attaching a copy of the Originating Summons filed by the Attorney
General of the Delta State at Federal High Court, Benin City as Exhibit RJ 01, the
EFCC said “that when the Delta State Government got to know that the
EFCC was about to prefer criminal charges against James Ibori, the state
government through its Attorney General and three others, approached
the Federal High Court, Benin City, challenging the power of the EFCC to
interfere in any matter involving or pertaining to the affairs of the
State while James Ibori was the Governor of the State”. Adding that even
the said James Ibori who allegedly sent the bribe denied ever giving or
authorizing the giving of the bribe at anytime.
The
EFCC further said that “that the said sum of $15 Million cannot be
traced to any account owned or being operated by the Delta State
Government or any of its agencies and officials”.
Justice
Gabriel Kolawole had on Friday November 23, 2012 dismissed a similar
application brought by Mr. Olalekan Bayode seeking to be admitted as a
party in the $15 million Ibori bribe forfeiture matter. Kolawole while
striking out the application noted that it was completely at variance
with the interim order of court inviting interested parties to show
cause why the money should not be forfeited to the federal government.
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