A Federal High Court in Abuja has expressed grave displeasure over former House of Representatives member, Nicholas Mutu, violating his bail conditions in an ongoing N320 million fraud trial.
Justice F. Giwa Ogunbanjo, presiding over the case on Thursday, November 21, 2024, condemned Mutu’s unauthorized foreign travels, which were conducted using an undisclosed passport.
The former Chairman of the House Committee on the Niger Delta Development Commission (NDDC) faces a 13-count charge from the Economic and Financial Crimes Commission (EFCC) for alleged money laundering.
“There is no justification for the defendant to flout the order of this honorable court,” Justice Ogunbanjo said. “The order is that the defendant must not leave this country without express permission from the court, and it appears that he has left without permission or even notification. I am not going to sweep it under the carpet.”
The defendant’s breach came to light during Thursday’s proceedings when EFCC counsel, Ekele Iheanacho, SAN, revealed that Mutu had traveled abroad with a passport not surrendered to the Commission. This discovery followed an investigation by the Nigerian Immigration Service.
“The provision of Section 173 of the Administration of Criminal Justice Act and Section 175 allow this court to revoke his bail,” Iheanacho argued. “With another passport, the defendant can take off at any time. Having admitted to owning and traveling with it, the bail conditions have clearly been violated.”
In his defense, Mutu’s counsel, P.I.N. Ikwueto, SAN, submitted an affidavit requiring time for the prosecution to review, leading to an adjournment of the case.
Adding to the case’s complications, the court recently resolved a months-long mystery surrounding three passports previously surrendered by Mutu. These passports, initially deemed missing, were located in the court’s Registry on November 20, 2024.
Apologizing for the oversight, Justice Ogunbanjo addressed the prosecution during Thursday’s hearing: “I would like to apologize to Iheanacho. This situation has put us through so much embarrassment. We always thought the passports were not in our custody. On behalf of the Registry, I apologize. I also advise that when you submit documents, proper acknowledgment must be attached.”
The court has now ordered Mutu to deposit all his passports with the court registrar and prohibited him from traveling abroad until the matter is resolved.
The trial has been adjourned to February 17 and 18, 2025, as the prosecution reviews the defense’s recent filings.
