A Federal High Court in Abuja will today determine whether the $15 million allegedly abandoned by a former Delta State governor, Chief James Onanefe Ibori, should be forfeited to the federal government or given back to the state government.
The money was said to have been offered to a former chairman of the Economic and Financial Crimes Commission (EFCC), Malam Nuhu Ribadu, as bribe in order to compromise the investigation of an alleged fraud by Ibori.
Justice Gabriel Kolawole, who heard the matter, had at the last hearing said he would deliver judgment today.
The verdict would also put to rest claims and counter-claim being laid on the money by several interest groups and individuals.
At the adoption of final brief of argument in the case, Delta State's Attorney General and Commissioner for Justice, Chief Charles Ajuyah (SAN), had told Justice Kolawole that the money belonged to Delta State Government based on the strength of the affidavit evidence by the EFCC Chairman, Mr. Ibrahim Lamode, that the money was offered as bribe to the anti-graft agency by Ibori.
Ajuyah had argued in the affidavit that Lamode had shown beyond doubt that the money belonged to Delta State having been offered while Ibori was in office.
The counsel drew the attention of the judge to another statement by Dr. Andy Uba, now a Senator that his residence in Asokoro was used by the former governor to channel the money to EFCC which was later kept in the custody of the Central Bank of Nigeria (CBN).
Counsel to the federal government Mr. Rotimi Jacobs (SAN), said the court had the power to order forfeiture of such abandoned money to the federal government with or without conviction of anybody.
He said the affidavit of EFCC officials which linked the money to Ibori and which the state was using as a weapon was just a mere deposition that could not help the case of the state.
According to him, “Up till this moment, Delta State has not placed before this court, an account of the state where Ibori withdrew, or removed the money to prove its claim of ownership to the money."
Besides, Jacobs argued that it was too late for the state to lay any claim to the money having earlier sued the federal government and deposed in an affidavit that no money was lost or removed from any of its accounts under Ibori and that Ibori was just been harassed and intimidated by EFCC then.
Meanwhile, as a fallout of the revelations by the United Kingdom (UK) police that Ibori owns substantial shares in Oando and Notore, the two companies yesterday faulted the allegations.
Oando Plc has maintained that Ibori has only a very insignificant share in the company, stating that allegation by a British prosecutor, Sasha Wass, that the former governor owned 30 per cent shares in the oil company was aimed at misleading the court.
The Deputy Group Chief Executive at Oando, Mofe Boyo, who briefed journalists on the issue yesterday, said the facts about the foreign exchange transaction between Ocean and Oil and Ibori were made known to the British Metropolitan police in 2012 and that the UK police even visited the Nigerian Stock Exchange (NSE) to ascertain Ibori’s shareholding in the Oando.
He said in spite of the fact that Oando provided undisputable evidence on the entire transactions to the UK police, the prosecution, in the course of the ongoing asset confiscation hearing of Ibori, still told a London Southwark Crown Court that the former governor owned 30 per cent shares in the oil company.
Boyo expressed regret that the prosecution, knowing that the allegation was false, deliberately told the court that Ibori hid some of his assets in the oil firm Oando Plc and insisted that the statement was only meant to tarnish the company’s image. “The prosecution is only trying to mislead the court because there is absolutely no link between Ibori and Oando.”
Also, Notore Chemical Industries Limited yesterday stated that the allegation that the former governor owns the company.
The fertilizer company said Ibori “does not and has never owned or controlled shares in the company.”
In a statement it released yesterday, it stressed that it had worked extremely hard to become a major player in the global fertilizer market, relying on strict ethical principles.
According to Notore, “The ongoing confiscation proceedings are solely between the United Kingdom (UK) court and Ibori.”
The fertilizer giant based in Onne, River State, added that “Notore is not a party to the UK court proceedings because English law does not allow Notore to defend itself in them.”
The firm stressed that “Ibori does not have hidden assets in Notore. He has never owned nor controlled shares in the company, and, so far as the company is aware, no other shareholder or shareholders hold shares for him in trust.
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