THE Federal High Court sitting in Abuja has ordered the final forfeiture of N150 million linked to the longest-serving member of the House of Representatives, Nicholas Mutu, to the Federal Government.
News Point Nigeria reports that Justice Joyce Abdulmalik granted the forfeiture order following an application filed by the Economic and Financial Crimes Commission (EFCC) through its legal team led by Senior Advocate of Nigeria, Ekele Iheanacho.
Mutu, who is unarguably the longest-serving member of the House of Representatives, was first elected in 1999 to represent Bomadi/Patani Federal Constituency of Delta State and has remained in the Green Chamber for 27 years. He also served as Chairman of the House Committee on the Niger Delta Development Commission (NDDC) between 2009 and 2019.
According to the EFCC, investigations revealed that Mutu allegedly received kickbacks totalling N400,159,689.63 from an NDDC consultant, Starline Consultancy Services, while serving as chairman of the House Committee on NDDC.
The commission told the court that the funds were allegedly laundered through Heritage Bank accounts belonging to two companies linked to the lawmaker—Airworld Technologies Ltd and Oyien Homes Ltd.
The anti-graft agency consequently filed an application pursuant to Section 44(2) of the Constitution of the Federal Republic of Nigeria, 1999, and Section 17 of the Advance Fee Fraud Related Offences Act, 2006.
According to the EFCC, Mutu was not only a director in the two companies but also held the highest number of shares, while the remaining shareholders and directors comprised his wife and members of his immediate family.
The commission further stated that its investigators established that the NDDC consultant approached Mutu’s committee to assist in recovering debts owed to the commission by oil and gas companies operating in the Niger Delta region.
According to the EFCC, the consultant sought the intervention of the House committee to compel the indebted oil and gas firms to settle the outstanding obligations.
It stated that following the intervention of Mutu’s committee, the affected companies were invited before the House, where the consultant reconciled outstanding figures with them.
The committee subsequently issued payment demand notices to the companies, leading to the recovery of over N100 billion for the NDDC.
The EFCC alleged that while the consultant received its legitimate fees, Mutu’s companies also received part of the recovered funds.
The commission further claimed that while its investigation was ongoing, Mutu procured the NDDC consultant to issue a subcontract letter to Airworld Technology Ltd in an attempt to disguise the alleged kickback payments.
According to the EFCC, the purported subcontract was created to mislead investigators and obstruct the course of justice.
The commission also stated that during the investigation, Mutu refunded N150 million, but later argued that the refund was not made voluntarily.
It added that the lawmaker maintained the funds paid into his companies were proceeds of lawful business transactions, relying on the subcontract documents allegedly prepared during the investigation, despite the consultant admitting that the subcontract was merely a cover and that no work was carried out by Mutu’s companies.
After considering the application, objections, and affidavits filed by counsel to Mutu and Airworld Technologies Ltd, Justice Abdulmalik held that the EFCC’s application had merit.
In her judgment delivered on Thursday, the judge ruled that the N150 million refunded by Mutu constituted proceeds of unlawful activities and consequently ordered its final forfeiture to the Federal Government of Nigeria.
Before the latest forfeiture order, the EFCC had appealed against Mutu’s earlier discharge and acquittal in a money laundering trial arising from the same facts and evidence by Justice F.O.G. Ogunbanjo.
According to the commission, after being served with the notice of appeal, Mutu’s counsel, P.I.N. Ikwueto (SAN), said he had not been instructed to receive the appeal processes on behalf of the lawmaker, while J.O. Asoluka (SAN), counsel to Airworld Technologies Ltd, made a similar claim.