A Federal High Court in Abuja has ordered the final forfeiture of N150 million linked to serving member of the House of Representatives, Nicholas Mutu, to the Federal Government.
Justice J.O. Abdulmalik issued the order on Thursday after granting an application filed by the Economic and Financial Crimes Commission (EFCC), led by Senior Advocate of Nigeria, Ekele Iheanacho.
The application was brought under Section 44(2) of the 1999 Constitution and Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.
The court had earlier granted an interim forfeiture order and directed that the notice be published in a national newspaper to allow any interested party to challenge the application. However, the court held that no sufficient cause was shown to prevent the permanent forfeiture of the funds.
After reviewing the application, affidavits and objections filed by counsel to Mutu and his company, Airworld Technologies Limited, Justice Abdulmalik ruled that the EFCC had established its case and ordered the money forfeited to the Federal Government.
According to the EFCC, investigations revealed that Mutu allegedly received kickbacks amounting to N400.16 million from an NDDC consultant, Starline Consultancy Services, while serving as Chairman of the House of Representatives Committee on the Niger Delta Development Commission (NDDC).
The anti-graft agency alleged that the funds were laundered through the Heritage Bank accounts of two companies linked to the lawmaker—Airworld Technologies Limited and Oyien Homes Limited.
The commission further stated that Mutu is the majority shareholder in the companies, while the remaining shareholders and directors are members of his immediate family.
The EFCC told the court that the consultant had sought the intervention of the House committee to facilitate the recovery of debts owed to the NDDC by oil and gas companies operating in the Niger Delta.
Following the committee’s intervention, the affected companies were invited to meetings, leading to the reconciliation of outstanding figures and the recovery of more than N100 billion for the NDDC.
The commission alleged that after the consultant received its fees, part of the funds was paid to companies linked to Mutu as kickbacks.
According to the EFCC, during the investigation, Mutu allegedly procured the consultant to issue a backdated subcontract agreement to Airworld Technologies Limited in an attempt to justify the payments and conceal their true nature.
The commission maintained that the consultant later admitted the subcontract was merely a cover-up and that no work had been carried out by Mutu’s company.
The EFCC also informed the court that Mutu refunded the N150 million during the investigation but later claimed the refund was not voluntary. He further argued that the payments received by his companies arose from legitimate business transactions based on the disputed subcontract documents.
The anti-graft agency noted that it has appealed the earlier discharge and acquittal of Mutu in a money laundering case arising from the same facts before another court.
In his ruling, Justice Abdulmalik held that the N150 million constituted proceeds of unlawful activities and ordered its final forfeiture to the Federal Government.
