A Federal High Court in Abuja has ordered the permanent forfeiture of N150 million linked to Nicholas Mutu, the House of Representatives member for Bomadi/Patani in Delta State.
Delivering judgment on Thursday, Justice Joyce Abdulmalik ruled in favor of the EFCC, saying the money was proceeds of unlawful activity.
The EFCC had asked the court to forfeit the funds under Section 44(2) of the 1999 Constitution and Section 17 of the Advance Fee Fraud Act. The court initially issued an interim order and published it in newspapers. With no objections after publication, the judge made the forfeiture final.
The commission says Mutu, while chairing the House Committee on NDDC, received N400.16 million in kickbacks from Starline Consultancy Services. Starline was an NDDC consultant that had lobbied the committee to help recover debts owed to the NDDC by oil and gas firms. Over N100 billion was eventually recovered.
Investigators claim the kickbacks were paid into Heritage Bank accounts belonging to Airworld Technologies Ltd and Oyien Homes Ltd. The EFCC says Mutu is a director and majority shareholder of both companies, with his wife and other family members listed as shareholders.
The EFCC also alleges Mutu asked Starline to award a subcontract to Airworld Technologies to make the payments look legitimate. Starline later admitted the subcontract was a cover and no work was done.
Mutu refunded N150 million during the investigation. But in court he argued the refund was not voluntary and insisted the payments were for legitimate business.
The EFCC noted it has also appealed a separate judgment by Justice F.O.G. Ogunbanjo that discharged and acquitted Mutu in a money laundering case based on the same facts.
