Court orders final forfeiture of N150 million kickback linked to Nigerian lawmaker

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The Federal High Court in Abuja has ordered the final forfeiture of N150 million linked to Nigerian lawmaker Nicholas Mutu to the federal government.

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Mr Mutu, a member of the All Progressives Congress (APC), having defected from the Peoples Democratic Party (PDP) in mid-2025, is a six-term member of the House of Representatives representing Bomadi/Patani Federal Constituency of Delta State.

The Economic and Financial Crimes Commission (EFCC) disclosed this in a statement issued on Friday by its Head of Media and Publicity, Dele Oyewale.

According to the commission, Judge Joyce Abdulmalik “made the order on Thursday after granting its application for the final forfeiture of the money.”

The EFCC stated that after considering the application, the objections and affidavits filed by lawyers to Mr Mutu and his company, Airworld Technologies Ltd, Judge Abdulmalik “held that it had merit and ordered the final forfeiture of the said funds to the Federal Government of Nigeria.”

“Justice Abdulmalik found that the said sum of N150m refunded by Mutu constituted proceeds of unlawful activities and consequently finally forfeited it,” the statement said.

The anti-graft agency stated that its legal team, led by Ekele Iheanacho, a Senior Advocate of Nigeria (SAN), filed the application under Section 44(2) of the 1999 Constitution and Section 17 of the Advance Fee Fraud and Other Related Offences Act, 2006.

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The commission recalled that the court had earlier granted an interim forfeiture order and directed its publication in a national newspaper. It added that “no sufficient cause was shown why the funds under the interim forfeiture should not be finally forfeited to the federal government.”

Thursday’s judgement diverges from the decision of another judge of the Federal High Court in Abuja, Folashade Giwa-Ogunbajo, delivered in April, discharging and acquitting Mr Mutu of N320 million money laundering charges arising from the alleged fraudulent transactions. In her judgement, the judge ruled that the funds were not proved to be proceeds of crime, a decision the EFCC has gone on appeal to challenge.

What EFCC investigation revealed

According to the EFCC, its investigation revealed that Mr Mutu received kickbacks totalling “N400,159,689.63 from Starline Consultancy Services, an NDDC consultant,” while he served as chairperson of the House of Representatives Committee on the Niger Delta Development Commission (NDDC).

It alleged that the money passed through the Heritage Bank accounts of Mr Mutu’s companies, Airworld Technologies Ltd and Oyien Homes Ltd, where it was laundered.

The commission stated that Mr Mutu is a director and majority shareholder in both companies, while the remaining shareholders and directors are his wife and other immediate family members.

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

It explained that the consultant sought the committee’s intervention to compel the companies to pay the debts.

The commission stated that following the committee’s intervention, the oil and gas companies appeared before the House, where the consultant reconciled the outstanding figures with them.

It added that the committee later issued payment demand notices to the companies, leading to the recovery of more than N100 billion for the NDDC.

The EFCC alleged that while the consultant received its professional fees, Mr Mutu’s companies also received part of the funds.

The commission further alleged that while the investigation was ongoing, Mr Mutu made the consultant to issue a subcontract letter in favour of Airworld Technologies Ltd to conceal the alleged kickback payments.

According to the EFCC, the subcontract was intended to “cover up the kickback payments,” deceive investigators and pervert the course of justice.

Mr Mutu refunded N150 million during the investigation but later claimed he did not do so voluntarily, according to the statement.

It added that Mr Mutu maintained the payments received by his companies arose from lawful transactions and relied on the subcontract documents prepared during the investigation to support his claim.

READ ALSO: Nicholas Mutu: Unwilling end of historic 28-year tenure in parliament

However, the EFCC stated that the consultant later confirmed the subcontract was “merely a ruse” and that Mr Mutu’s companies carried out no work under the arrangement.

How court discharged and acquitted the lawmaker of millions of naira

PREMIUM TIMES reported that the EFCC prosecuted the lawmaker alongside Airworld Technologies Ltd and Oyien Homes Ltd on 13 counts of money laundering and gratification involving N320 million.

The charges relate to alleged illicit payments made while he chaired the House Committee on the Niger Delta Development Commission (NDDC) between August 2014 and August 2016.

The trial judge in that case, Folashade Giwa-Ogunbanjo, had fixed 23 March for judgment in the case, according to an EFCC statement at the time.

However, the EFCC recalled in the current statement that it had appealed the earlier discharge and acquittal of Mr Mutu in his “money laundering trial before Judge … Ogunbanjo”, noting that the appeal arose from the same facts and evidence.

It added that after the notice of appeal was served, P. I. N. Ikwueto, SAN, who represented Mr Mutu throughout the criminal trial, stated that he had not been instructed to receive the appeal processes on behalf of his client.

The EFCC stated that J. O. Asoluka, SAN, who represented Airworld Technologies Ltd, made a similar claim.