The Federal Government yesterday told Federal High Court not to release the $15m (N2.4B) James Ibori bribe money to the Delta State government because it will encourage further fraud.
It argued that if the money is released to the state, it would eventually be given back to Ibori.
In a counter motion objecting to the request that the money be forfeited to Delta, the Federal Government said that it has several documentary evidence of alleged fraud being perpetrated in favour of Ibori by the present Delta State government.
In the further counter motion, it claimed that in 2008, one year after Ibori had left office, Delta State released a sum of N50m to him to build a four-bedroom duplex in Warri.
The motion filed by Mr. Rotimi Jacobs (SAN) on behalf of the Federal Government also alleged that another N50m was released to Ibori in respect of the same house in 2010. It claimed that Ibori never utilised the money to build any house but instead moved the money abroad, where he was arrested and convicted along with his aides for economic crimes. It asserted that it was convinced that the bribe money would be passed to Ibori if any order of forfeiture is granted in favour of Delta State
Counsel to Delta State, Mr. Charles Ajuyah (SAN), however, argued that the burden is on the Federal Government to prove beyond doubt that the money would be returned to the convicted former governor.
He said that the claim of the Federal Government was speculative and that courts of law do not deal with speculation. In addition, he claimed that the state has its own law, where the ex-governors and their deputies are entitled to certain privileges by way of pension, adding that such privileges backed by aw cannot be termed fraud.
Meanwhile, Justice Gabriel Kolawole, who is presiding over the case, has adjourned hearing till 10th January 2013 to enable Delta State react to the fresh issues raised by the Federal Government in the new motion.
