Former governor of Delta State, James Ibori

By Tobi Soniyi           

Less than 48 hours after he filed an application claiming that the $15 million allegedly paid by former governor of Delta State, James Ibori to the EFCC belonged to him, Mr Chibuike Achigbu has filed an application at the Federal High Court  to discontinue the case.

In a notice of discontinuance filed by his lawyer, Chief Adeniyi Akintola, SAN Achigbu did not state any reason for discontinuing the case.

The notice reads: “The Intervener/Applicant hereby discontinues this suit against all the Respondents therein.”
Achigbu had said that he gave the money to Dr. Andy Uba, a former aide to then President, Chief Olusegun Obasanjo, for the purpose of financing the Peoples Democratic Party during the 2007 general elections.

In the application, Achigbu said that he first sought legal advice on whether he could raise money to donate to support the PDP and its candidates throughout the federation for the purpose of winning the 2007 general elections.

He also said that he set a target of N3 billion which he intended to raise through himself and his associates.

However, by April 2007 when the election had drawn near, he had raised money in excess of N2 billion after which he realised that such donations could only be legitimate through a financial institution, he said.

In an affidavit he filed in support of the application, he said: “Andy Uba was a Special Assistant in the Presidency who offered to take custody of the fund with a view to inviting EFCC to carry out the audit and certification before being donated to the PDP.”

The three Senior Advocates of Nigeria hired by the applicant to argue the case are Adeniyi Akintola, Okey Amaechi and Abiodun Owonikoko.

Achigbu said that after he had delivered the money to Uba, he heard rumours about an attempt by Ibori to bribe the chairman of the EFCC.

He said that he had nothing to do with Ibori and the rumour did not strike him as having any bearing with the fund he delivered to Uba for clearance by EFCC.”

He explained that due to the political ambition of Uba to become the governor of Anambra State, he lost contact with him and was not able to reach him to ask for an update regarding the fund.

He said: “That it was not until several months after Uba’s election was voided at the Supreme Court that he succeeded in making contact with him.

“That Uba, in a telephone conversation he had with him sometimes in the early part of the year 2008, confirmed that, as agreed, he did invite the EFCC to take custody of the purported unclaimed fund and revert on their investigations about its suitability for the purpose that the fund was intended.”

Achigbu said that he however did not believe Uba and suspected that he (Uba) had diverted the money to fund his electioneering expenses when he was campaigning for governor of Anambra State.

He said that he chose not to pursue the case any further because he, "took the view that God had sufficiently avenged Uba’s betrayal when his election  funded with the money was voided by the Supreme Court less than a month into his tenure in June 2007."

He said that since then he and Uba had become estranged.
However, on the night on August 27, this year, he said he received a call from Uba informing him about the latest development concerning the $15 million and that the money in question was the same money he collected from him.

He added Uba specifically confirmed to him that it was Ibrahim Lamorde, the then Director of Operations of EFCC, that was superficially instructed to receive the money from him (Uba) on April 25th, 2007.

Achigbu said that Uba had also agreed to depose to an affidavit to own up to the facts deposed to in his application.

However, the Delta State Government has formally asked the Federal Government to release to it the $15 million (about N150 million) allegedly received from the former
Governor of the state, Chief James Ibori by a former Chairman of the Economic and Financial Crimes Commission, (EFCC), Malam Nuhu Ribadu

On August 14th, the Delta State’s Attorney General and Commissioner for Justice, Mr. Charles Ajuyah (SAN), asked the court in Abuja to order that the alleged bribe money be paid to the Government and people of Delta State.

Only recently, the court ordered that the money be temporary forfeited to the Federal Government and would be finally forfeited if within 14 days after the publication of an advertorial pertaining to the interim order, no one came forward to claim ownership of the money.

Ajuyah also asked the court to declare that, the $15 million alleged bribe money which has been in custody of the 3rd Respondent (Central Bank of Nigeria) since April, 2007 is property belonging to Government of Delta State and its people.

Besides, he prayed the court to hold that any application or order granting the money to any other entity other than the Government and people of Delta State would be improper.

He asked the court to order the CBN to hand over the money to Delta state.

In an affidavit attached to the application, the state said that the money which was alleged to have been sent to EFCC by Ibori to compromise  investigation could not be different from Plateau and Bayelsa states where such monies recovered from their former governors, Chief Joshua Dariye and Deipreye Alameseigha  were returned to their respective states.

The Delta State Attorney General also told the court that neither Dariye nor Alamieyseigha was subjected to another trial (aside from the criminal charges brought against them by EFCC), before the recovered sums were returned to their respective states.

He prayed the court to order CBN to return the said sum to the coffers of Delta State government since the money lawfully belonged to the government and people of Delta State.

The Senior Advocate of Nigeria, also noted that the charge filed against Ibori at the trial court in Delta State was quashed on December 17, 2009.

Besides, he stated that there was no reason not to return the money to Delta state adding that the appeal court was yet to determine the appeal filed against Ibori in respect of the criminal charge that was quashed.

He also prayed the court to order the Attorney General of the Federation, the EFCC and the CBN to return the money to the Government and people of Delta State.

He also asked for a declaration that the $15 million alleged bribe money became property of Government and people of Delta State when James Ibori was convicted and sentenced to prison in the United Kingdom.

He said that Delta people would be prejudiced if the money was allowed to be taken by the Federal Government.

He said that if the court awarded the money to the Federal Government, it would be paid to the Federation Account and would be shared by the 36 states of the Federation.

A lawyer, Timipa Okponipere had earlier filed an application asking that the $15 million be paid to the Government and people of Delta State.

Okponipere said that he filed the application “for and on behalf of the Government and people of Delta State”.

He also asked the court to declare that, “the $15million alleged bribe money which has been in custody of the 3rd Respondent (Central Bank of Nigeria) since April, 2007 is property belonging to Government of Delta State and its people.”

He also asked for the following two declarations: “A declaration that the $15 million alleged bribe money became property of Government and people of Delta State when James Ibori was convicted and sentenced to prison in the United Kingdom.

“A declaration that James Ibori’s conviction quashed all previous denials or counter affidavits he may have made to any court or investigating authority including the EFCC regarding the question of whether or not he was the actual giver of the alleged bribe money.”

In a motion filed in support of the application, Okponipere said that he was irked by the decision of the Federal Government to take over the money.

He said that Delta people would be prejudiced if the money was allowed to be taken by the Federal Government.

He said that if the court awarded the money to the Federal Government, it would be paid to the Federation Account and would be shared by the 36 states of the Federation.