Lesotho Police Commissioner Paseka Mokete said in an affidavit that Lipolio had ordered Thaban to hit Thaban in order to give his current wife, Mycenae, a chance to become the first woman.
Lipolo Thaban was shot dead by gunmen near his home in the capital, Mashreu, in June 2017.
Before his death, he was discussing divorce from Thabane.
The documents say the prime minister and his wife complained to the head of a gang and promised them 17 177,000 and a job to kill Lipolelo before their inauguration as prime minister, police said in an affidavit.
He also shared the home address of his ex-wife in Thaban with his killers and they began monitoring Lipoli’s movements, police said.
They tried to kill Lipolelo on June 12 but failed and reported the incident to police, in Moke.
They then killed Lipolio, who is now a witness for the state, two days after the meeting with an unnamed mediator.
The affidavit said the mediating neighbor was negotiating a settlement between the two women in Fixburg, a small town in South Africa.
Two months after Lipolelo’s assassination, he married his current wife, Maysaya, in Thaban.
Attempts were made to assassinate Lipololo against Mycenae and the murder of another woman, who was with the former first lady at the time of the murder.
Police tried to file a case against the former prime minister but no charges were brought against them. His lawyers have argued that he has immunity because of his position.
Thabne resigned from the office in May after months of pressure on his party to resign over allegations of involvement in the case.
He will now be charged with murder, he is no longer in power, Moke said.
Police re-arrested Maisaya last week and his previous bail was revoked due to technical issues.
The court ordered a fresh bail application, saying a different judge must hear the case.