By Desire Emmanuel
Justice J.O. Abdulmalik of the Federal High Court, Abuja on Thursday, June 2, granted the final forfeitute of N150 million linked to a serving member of the Federal House of Representatives, Nicholas Mutu, to the Federal Government.
The order was granted following an application by the Economic and Financial Crimes Commission (EFCC) through its legal team led by Ekele Iheanacho.
The application was brought 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.
The court had earlier this year granted an interim order and also directed the publication of the order in a national newspaper, and when the publication was made, no sufficient cause was shown why the funds under the interim forfeiture should not be finally forfeited to the Federal Government.
Justice Abdulmalik, after considering the application, the objections, and various affidavits filed by counsel to Mutu and his company, Airworld Technologies Ltd, held that it had merit and ordered the final forfeiture of the said funds to the Federal Government of Nigeria.
The EFCC had presented the findings of its investigation to the court which revealed that Mutu had agreed and received kickbacks totaling N400,159,689 from an NDDC consultant (Starline Consultancy Services), while serving as the House of Representatives chairman on NDDC.
The funds were received and laundered through the Heritage Bank accounts of Mutu’s companies, namely Airworld Technologies Ltd and Oyien Homes Ltd.
It was gathered that Mutu was not just a director in these companies, he maintained the highest shares in the companies while the other shareholders and directors are his wife and members of his immediate family.
The NDDC consultant had approached Mutu’s committee to assist them recover debts owed by oil and gas companies operating in the Niger Delta region.
The consultant had sought the assistance of the House committee to use its powers to compel the oil and gas companies to pay up their debts.
Following the intervention of Mutu’s Committee, in this regard, the oil and gas companies were invited to the House where the consultants were able to meet with them and reconcile figures.
The committee issued payment demands notices to the companies and eventually, over N100bn was recovered for NDDC. While the consultant received their fees, Mutu’s companies received part of the funds.
While the EFCC was ongoing, Mutu procured the NDDC consultant to issue a subcontract letter to his company, Airworld Technology Ltd, so as to cover up the kickback payments he received. This was done to deceive the investigation and pervert the course of justice.
During the investigation, Mutu was said to have returned the sum of N150 million but later claimed he did not do so voluntarily.
He also claimed that the funds received by his companies were based on lawful transactions relying on the purported sub contract documents prepared during investigation even when the consultant that made the payment had clearly confirmed the sub contract was merely a ruse and that no work was done by Mutu’s companies.
It will be recalled that the EFCC had appealed against the earlier discharge and acquittal of Mutu in the criminal trial on money laundering which was based on the same set of facts and evidence by Justice F.O. Ogunbanjo.
Delivering the judgment on Thursday, Justice Abdulmalik found that the said sum of N150m refunded by Mutu constituted proceeds of unlawful activities and consequently finally forfeited it.
