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Court Orders Reps Member To Forfeit ₦150 Million To Federal Government
The Federal High Court in Abuja has ordered the final forfeiture of ₦150 million linked to serving House of Representatives member Nicholas Mutu to the Federal Government.....KINDLY READ THE FULL STORY HERE▶
Justice J.O. Abdulmalik issued the order on Thursday after granting an application filed by the Economic and Financial Crimes Commission (EFCC) through its legal team led by Senior Advocate of Nigeria (SAN), Ekele Iheanacho.
According to a statement released by the EFCC on Friday, the application was brought pursuant to Section 44(2) of the 1999 Constitution and Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.
The anti-graft agency explained that the court had earlier granted an interim forfeiture order and directed that it be published in a national newspaper to allow any interested party to challenge the application. However, no sufficient cause was shown to prevent the funds from being permanently forfeited.
After considering the application, as well as objections and affidavits filed by lawyers representing Mutu and his company, Airworld Technologies Limited, Justice Abdulmalik ruled that the EFCC had established its case and ordered the final forfeiture of the ₦150 million to the Federal Government.
EFCC Details Investigation
According to the EFCC, its investigation revealed that Mutu allegedly received kickbacks amounting to ₦400,159,689.63 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 commission alleged that the funds were channelled through Heritage Bank accounts belonging to two companies linked to the lawmaker—Airworld Technologies Limited and Oyien Homes Limited.
The EFCC further claimed that Mutu held the majority shares in both companies, while the remaining directors and shareholders were members of his immediate family, including his wife.
According to the commission, the consultant had approached the House committee seeking assistance in recovering debts owed to the NDDC by oil and gas companies operating in the Niger Delta.
The EFCC said the committee subsequently invited the companies for reconciliation meetings and issued payment demands, leading to the recovery of more than ₦100 billion for the NDDC.
While the consultant received its contractual fees, the commission alleged that companies linked to Mutu also received part of the funds as kickbacks.
The EFCC also alleged that during its investigation, Mutu arranged for the consultant to issue a backdated subcontract to Airworld Technologies Limited in an attempt to legitimise the payments and frustrate the investigation.
According to the agency, the consultant later admitted that the subcontract was merely a cover and that no work was carried out by Mutu’s company.
The commission further stated that although Mutu refunded ₦150 million during the investigation, he later argued that the repayment was not voluntary and insisted the money represented legitimate business transactions.
Court Orders Final Forfeiture
In his ruling, Justice Abdulmalik held that the ₦150 million refunded by Mutu constituted proceeds of unlawful activities and ordered that the funds be permanently forfeited to the Federal Government.
The EFCC also noted that it has appealed the earlier judgment of Justice F.O.G. Ogunbanjo, which discharged and acquitted Mutu in a related money laundering trial based on the same facts.
According to the commission, after the notice of appeal was served, senior lawyers who represented Mutu and Airworld Technologies Limited during the criminal proceedings stated that they had not been authorised to receive the appeal documents on behalf of their clients.
