The Economic and Financial Crimes Commission, EFCC, has file a suit before the Federal High Court sitting in Abuja, praying it not to return the $15 million being claimed by Delta State ex- governor James Ibori, to his State Government.
Presiding over the case, Justice Gabriel Kolawole in his ruling on July 24, 2012, granted an interim order of forfeiture of the money to the federal government following an application by the EFCC.
The Delta government after that judgement approached the same court asking that the money be returned to the state.
But the anti-corruption agency in a counter affidavit through its counsel, Rotimi Jacobs (SAN), said that the money in question was stolen and as such should remain forfeited.
Part of the affidavit reads: “That he 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”.
“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.”
It noted 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”.
Further proceedings have been adjourned till January 28, 2013. The counsel representing the Delta state government is expected to respond to the latest argument by the EFCC.
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