Court Orders Final Forfeiture Of N150m Kickback Linked To Delta Rep Nicholas Mutu

A Federal High Court in Abuja has ordered that N150 million linked to Nicholas Mutu, the lawmaker representing Bomadi/Patani Federal Constituency of Delta State in the House of Representatives, be permanently forfeited to the Federal Government.

Justice Joyce Abdulmalik, who held that the money was linked to unlawful activities, gave the ruling on Thursday after granting an application filed by the Economic and Financial Crimes Commission (EFCC).

The EFCC, represented by its lawyer Ekele Iheanacho, had asked the court to order the forfeiture under the provisions of the 1999 Constitution and the Advance Fee Fraud and Other Related Offences Act.

Before the final ruling, the court had issued an interim forfeiture order and directed the EFCC to publish it in a national newspaper so that anyone with an interest in the funds could challenge the application.

According to the EFCC, no valid objection was received after the publication, paving the way for the court to make the forfeiture permanent.

In her judgment, Justice Abdulmalik said the commission had presented enough evidence to show that the N150 million, which Mutu returned during the investigation, was proceeds of illegal activities.

The EFCC alleged that its investigation uncovered kickbacks amounting to N400.16 million paid to Mutu by Starline Consultancy Services, a consultant to the Niger Delta Development Commission (NDDC), while he served as chairman of the House Committee on the NDDC.

The agency claimed the money was transferred through the Heritage Bank accounts of Airworld Technologies Ltd and Oyien Homes Ltd, companies where Mutu is said to be a director and majority shareholder.

The anti-graft agency also alleged that Nicholas Mutu’s wife and other close family members are directors and shareholders in the two companies.

According to the EFCC, the consultant had approached the House committee for help in recovering debts owed to the NDDC by oil and gas companies operating in the Niger Delta.

The commission said the committee’s intervention helped the NDDC recover more than N100 billion after the companies settled their outstanding debts.

The EFCC further alleged that although the consultant received payment for its services, part of the money was later paid to companies linked to Mutu as kickbacks.

The agency also claimed that during the investigation, Mutu arranged for the consultant to award a subcontract to Airworld Technologies Ltd to explain the payments.

However, the consultant reportedly admitted that the subcontract was only created to justify the transfers and that no actual work was carried out by the company.

While Mutu refunded N150 million during the investigation, the EFCC said he later argued that the payment was made under pressure and insisted the funds received by his companies came from legitimate business dealings.

The commission added that it has already appealed an earlier judgment by Justice F.O.G. Ogunbanjo, who acquitted and discharged Mutu in a money laundering case based on the same allegations.

ALSO READ: Court Orders Final Forfeiture Of Duplex, N1.9bn Shares Linked To Ex-AG Anamekwe Nwabuoku