Legal Nigeria

Alleged N320m fraud: Appeal Court dismisses Delta Reps member Mutu’s case

Nicholas Mutu

The Court of Appeal in Abuja has dismissed an appeal by a House of Representatives member, Nicholas Mutu against a January 22 ruling by a Federal High Court in Abuja ordering him to enter his defence in the money laundering charge brought against him by the Economic and Financial Crimes Commission (EFCC).

In a ruling on Thursday, a three-member panel of the Court of Appeal, presided over by Justice Hamma Barka, granted the appellant’s application to withdraw the appeal, marked: CA/ABJ/CR/112/2024.

Mutu, representing Bomadi/Patani Federal Constituency of Delta State, applied to withdraw the appeal after the EFCC, represented by Ekele Iheanacho (SAN), raised an objection, challenging its (the appeal’s) competence.

The EFCC had argued, in its preliminary objection, that the appeal, an interlocutory one, was filed by the appellant without first obtaining the leave of the trial court.

Justice Folashade Giwa-Ogunbanjo of the Federal High Court had, in the January 22 ruling, rejected the no-case submission made by Mutu.

Justice Giwa-Ogunbanjo held that the prosecution adduced sufficient evidence to establish a prima facie case against Mutu and two of his co-defendants to warrant their being called upon to enter a defence.

The judge proceeded to order Mutu and his co-defendants to enter their defence as they have a case to answer in respect of the allegations made against them in the 13-count amended charge on which they are being tried.

Mutu, described as the longest-serving member of the House of Representatives, who has maintained his seat since he was first elected in 1999, is, along with two others – Airworld Technologies Ltd, and Oyien Homes Ltd – accused of laundering about N320million.

Mutu was said to have committed the alleged offences between August 2014 and August 2016 when he served as the Chairman of the House of Representatives Committee on the Niger Delta Development Commission (NDDC).

In the charge, marked: FHC/ABJ/CR/123/2019 the Economic and Financial Crimes Commission (EFCC) alleged that Mutu, while being the Chairman of the House Committee on NDDC, between August 2014 and August 2016 “did procure Airworld Technologies Ltd to conceal of the sum of N320,159, 689.63 to be paid by Starline Consultancy Services Ltd when you reasonably ought to have known that the said sum of N320, 159, 689.63 formed part of proceeds of corruption, gratification and fraudulent acquisition of property.”

Source: The Nation