A Federal High Court in Abuja has ordered the permanent forfeiture of N150 million linked to the lawmaker representing Bomadi/Patani Federal Constituency in Delta State, Nicholas Mutu, to the Federal Government.
Justice Joyce Abdulmalik gave the ruling on Thursday after granting an application filed by the **Economic and Financial Crimes Commission> (EFCC).
The court held that the money was the proceeds of unlawful activities and should be permanently forfeited.
The EFCC had asked the court to approve the forfeiture under 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 to allow anyone with an interest in the money to challenge the application.
According to the EFCC, no valid objection was received after the publication.
The anti-graft agency told the court that Mutu refunded the N150 million during its investigation, but alleged that the money formed part of illegal payments he received while serving as Chairman of the House of Representatives Committee on the Niger Delta Development Commission (NDDC).
The EFCC claimed that Mutu received about N400.16 million in kickbacks from Starline Consultancy Services, a consultant to the NDDC.
According to the commission, the money was paid into the accounts of Airworld Technologies Ltd and Oyien Homes Ltd, companies in which Mutu is a director and majority shareholder.
The agency also alleged that the companies are owned by Mutu and members of his immediate family.
The EFCC said the consultant was hired to recover debts owed to the NDDC by oil and gas companies and that more than N100 billion was eventually recovered.
However, it alleged that part of the consultant’s earnings was paid to companies linked to Mutu as kickbacks.
The commission further claimed that a subcontract awarded to one of Mutu’s companies was only used to justify the payments and that no actual work was carried out.
Although Mutu refunded N150 million during the investigation, he maintained that the payments to his companies were for legitimate business transactions and argued that the refund was not made voluntarily.
The EFCC also disclosed that it has appealed an earlier judgment in which Mutu was discharged and acquitted in a money laundering case based on the same allegations.
