The Federal High Court, Abuja Division, has ordered the forfeiture of N150 million linked to a member of the House of Representatives, Nicholas Mutu, to the Federal Government.
Justice Joyce Abdulmalik granted the order on Thursday while delivering a ruling on a motion for final forfeiture moved by counsel to the Economic and Financial Crimes Commission (EFCC), Ekele Iheanacho, SAN.
The application was brought pursuant to Section 44(2) of the 1999 Constitution and Section 17 of the Advance Fee Fraud Related Offences Act, 2006.
The court earlier granted an interim order and also directed the publication of the order in a national newspaper.
Mr Iheanacho told Justice Abdulmalik that the anti-graft agency had complied with the order of court by publishing the interim forfeiture order in a national daily.
The senior lawyer said after 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.
After considering the application, the objections, and various affidavits filed by counsel to Mr Mutu and his company, Airworld Technologies Ltd, the judge held that the commission’s motion had merit.
She, thereafter, 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 Mr Mutu, who represents Bomadi/Patani Federal Constituency of Delta State, agreed and received as kickbacks totalling the sum of N400, 159, 689.63.
The fund was said to have been received from a Niger Delta Development Commission (NDDC) consultant (Starline Consultancy Services), while serving as the House of Representatives chairman on NDDC.
The funds were said to have been received and laundered through the Heritage Bank accounts of the lawmaker’s companies; Airworld Technologies Ltd and Oyien Homes Ltd.
According to EFCC, Mr Mutu, a six-term member of the lower legislative chamber, is not just a director in the companies, he maintains the highest shares in the companies while the other sharesholders and directors are his wife and members of his immediate family.
The NDDC consultant approached Mr Mutu’s committee to assist them recover debts owed by oil and gas companies operating in the Niger Delta region.
The consultant 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 Mr Mutu’s committee, in this regard, the oil and gas companies were invited to the House where the consultant were able to meet with them and reconciled figures.
The committee issued payment demands notices to the companies and eventually, over N100 billion, was recovered for NDDC.
While the consultant received their fees, Mr Mutu’s companies received part of the funds.
While the EFCC’s investigation was ongoing, the lawmaker was alleged to have procured the NDDC consulatnt to issue a subcontract letter to his company Airworld Technology Ltd so as to cover up the kickback payments he received.
The commission said this was done to deceive the investigation and pervert the course of justice.
During the investigation, Mr Mutu was said to have returned the sum of N150 million but later claimed he did not do so voluntarily.
He was said to have claimed that the funds received by his companies were based on lawful transactions relying on sub-contract documents.
Delivering the judgment, Justice Abdulmalik found that the said N150 million refunded by Mr Mutu constituted proceeds of unlawful activities.
The judge, consequently, ordered that the money be finally forfeited to the Federal Government.
Recall that Justice Folashade Giwa-Ogunbanjo of a sister court had, recently in a money laundering charge preferred against Mr Mutu and his company, discharged and acquitted the defendants of all the counts.
The EFCC, however, appealed against the judgment by Justice Giwa-Ogunbanjo.