Federal High Court grants EFCC’s application, ordering N150m linked to Delta lawmaker Nicholas Mutu forfeited to the Federal Government
A Federal High Court in Maitama, Abuja, on Thursday ordered the final forfeiture of N150 million linked to Delta lawmaker Nicholas Mutu to the Federal Government after granting an application filed by the Economic and Financial Crimes Commission.
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Justice J.O. Abdulmalik delivered the ruling after considering the anti-graft agency’s application, objections filed by Mutu and his company, Airworld Technologies Ltd, as well as the affidavit evidence presented before the court.
The application was brought under Section 44(2) of the 1999 Constitution and Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.
The court had earlier granted an interim forfeiture order and directed its publication in a national newspaper to allow interested parties to challenge the application.
After no sufficient cause was shown to prevent the forfeiture, the court made the order permanent.
Justice Abdulmalik held that the application had merit and ruled that the N150 million constituted proceeds of unlawful activities, ordering that the money be forfeited to the Federal Government.
According to the EFCC, its investigation revealed that Mutu, who represents Bomadi/Patani Federal Constituency in the House of Representatives, allegedly received kickbacks totalling N400,159,689.63 from Starline Consultancy Services, an NDDC consultant, while serving as chairman of the House Committee on the Niger Delta Development Commission.
The anti-graft agency alleged that the funds were received through the Heritage Bank accounts of Mutu’s companies, Airworld Technologies Ltd and Oyien Homes Ltd.
The EFCC further told the court that Mutu is the majority shareholder in the companies, while his wife and other immediate family members are listed as directors and shareholders.
According to the commission, the consultant had approached the House committee to facilitate the recovery of debts owed to the NDDC by oil and gas companies operating in the Niger Delta.
Following the committee’s intervention, the oil firms were invited to meetings where outstanding liabilities were reconciled, leading to the recovery of more than N100 billion for the commission.
The EFCC alleged that after receiving payment for its consultancy services, Starline Consultancy Services transferred part of the proceeds to companies linked to Mutu as kickbacks.
The commission also claimed that during its investigation, Mutu arranged for the consultant to issue a subcontract letter to Airworld Technologies Ltd in an attempt to justify the payments and conceal their true nature.
According to the EFCC, the consultant later admitted that the subcontract was merely a cover and that no work had been executed under the agreement.
The anti-graft agency further stated that Mutu refunded the N150 million during the investigation but later argued that the payment was not voluntary.
He also maintained that the transactions involving his companies were legitimate and relied on the subcontract documents in his defence.
The ruling comes as the EFCC continues its appeal against an earlier judgment that discharged and acquitted Mutu in a separate money laundering trial based on the same facts and evidence.
The commission has challenged that decision before the appellate court, while legal representatives for Mutu and Airworld Technologies Ltd have disputed aspects of the appeal process.
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The latest judgment marks another significant development in the long-running legal proceedings arising from the EFCC’s investigation into alleged financial improprieties connected to NDDC contract recoveries.
