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Alleged N320m fraud: Rep’s defence opening suffers setback

The plan by Nicolas Mutu (Delta-PDP) to open his defence, on Wednesday, in the alleged N320 million money laundering charge preferred against him by the Economic and Financial Crimes Commission suffered a setback at the Federal High Court, Abuja.

The matter was listed as number one on the cause list before Justice Folashade Giwa-Ogunbanjo.

The matter could not proceed due to the Ill-health of Mutu’s counsel, Patrick Ikwueto, SAN.

The News Agency of Nigeria reports that the EFCC had, in the amended 13 counts, sued Mutu along with Airworld Technologies Ltd and Oyien Homes Ltd as 1st to 3rd defendants respectively.

In the second amended charge marked: FHC/ABJ/CR/123/2019, dated November 22, 2021 and filed November 23, 2021, the defendants pleaded not guilty to the counts.

Mutu was alleged 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.

In the charge, he was accused of procuring “Airworld Technologies Ltd to conceal of the sum of N320,159, 689.63 to be paid by Starline Consultancy Services Ltd” when he ought to have known that the said sum formed part of proceeds of corruption, gratification and fraudulent acquisition of property.

When the matter was called on Wednesday, Mutu, who represents Bomadi/Patani Federal Constituency of Delta was in court but his lawyer, Ikwueto, was conspicuously absent and no lawyer represented him in the courtroom.

However, counsel for the 2nd defendant, J.O. Asoluga, SAN, was in court.

The EFCC’s lawyer, Ekele Iheanacho, informed the court that the matter was scheduled for the defendants to enter their defence but that he was in receipt of a letter earlier in the morning from Ikwueto who had been appearing for Mutu and the 3rd defendant that he was indisposed.

Iheanacho said in the letter, a medical report from University of Abuja Teaching Hospital, was also attached.

The lawyer said Ikwueto, in the letter, sought an adjournment of the case and also for the court to vacate tomorrow (February 22)’s date to enable him attend to his health.

Iheanacho said he would reluctantly concede to adjournment on the grounds of Ill-health.

He, however, felt bad that the two days scheduled for the trial would be vacated even when the court had deliberately listed only two matters on the cause list to enable the case progress since the judge comes from outside jurisdiction.

Counsel for the 2nd defendant, J.O. Asoluga, SAN, said he had no objection to the application for adjournment.

Justice Giwa-Ogunbanjo consequently adjourned the matter until March 20 and March 21 for the defendants to open their defence.

NAN reports that the judge had, on January 22, fixed February 21 and February 22 for Mutu to open his defence after his no-case submission was dismissed by the court.

Giwa-Ogunbanjo, in a ruling, directed Mutu and his co-defendants to enter their defence as they have a case to answer in respect of the allegations made against them.

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