May 18, (THEWILL) — The Federal High Court in Abuja has ordered the final forfeiture of a Hawker private jet allegedly linked to fraud, corruption, and money laundering connected to the controversial Maiduguri Emergency Power Project (MEPP), in a major victory for the Economic and Financial Crimes Commission (EFCC).
Justice Emeka Nwite of the Federal High Court, Maitama, Abuja, delivered the ruling on Monday, granting the EFCC’s application for the permanent forfeiture of the aircraft to the Federal Government.
The aircraft, a Hawker 800XP private jet with serial number 258553 and registration number 5N-AMK, was said to have been acquired with proceeds allegedly traced to illicit transactions surrounding contracts awarded under the Nigerian National Petroleum Company Limited (NNPCL)-backed power project.
In his judgment, Justice Nwite held that the interested party, Valiente Jet Limited, failed to establish the lawful origin of the funds used to purchase the aircraft.
“The interested party has not demonstrated with evidence the lawful origin of the funds used to purchase the aircraft,” the judge ruled.
He further observed that the “disguised manner” in which the aircraft was acquired through the name of a Bureau De Change operator who allegedly denied knowledge of the actual nature of the transaction strengthened the EFCC’s allegation that the entire deal was unlawful.
The court had earlier, on November 13, 2025, granted an interim forfeiture order and directed the anti-graft agency to publish the order in a national newspaper to allow interested parties to show cause why the jet should not be permanently forfeited.
Following the publication, Valiente Limited, said to be owned by Alhaji Abdulsalam Mustapha Kachallah, filed affidavits challenging the forfeiture application.
However, the EFCC, through an affidavit deposed to by one of its investigators, Aminu Abdullahi, insisted that investigations uncovered a complex web of conspiracy, obtaining money by false pretence, and money laundering tied to the power project.
According to the Commission, investigations revealed that in 2021, the NNPCL awarded contracts under the Maiduguri Emergency Power Project valued at $114,148,155 and ₦23.17bn.
Kachallah, who allegedly served as Chairman of the Borno State Rural Electrification Board and was also a member of the project’s steering committee, was accused of using his position and influence to engage in illicit dealings connected with the contracts.
The EFCC alleged that he entered into unlawful arrangements with China Machinery Engineering Company (CMEC) through companies in which he allegedly had substantial interests and sold privileged bidding information relating to the project in exchange for financial inducements.
Investigators further alleged that CMEC subsequently secured three contracts under the project valued at $52.12m and ₦20.21bn.
Part of the contract funds, according to the EFCC, was routed through Afuwa Integrated Services Limited, a Bureau De Change operator, under the guise of subcontracting arrangements.
The Commission stated that CMEC transferred $2.07m into the Stanbic IBTC Bank account of Afuwa Integrated Services Limited based on Kachallah’s instruction.
The EFCC further alleged that forged invoices were prepared in the name of the company to create the impression that legitimate services had been rendered to CMEC.
Investigators told the court that the funds were later transferred to a Brazilian account used for the purchase of the aircraft from a Brazilian firm.
The anti-graft agency maintained that Kachallah subsequently used Afuwa Integrated Services Limited to acquire the aircraft before allegedly forging ownership documents to transfer the jet to Valiente Jet Limited, a company said to be linked to him.
During proceedings, Kachallah, through his counsel, M.E. Oru, SAN, opposed the forfeiture application, arguing that payments made through Afuwa Integrated Services Limited were tied to consultancy and facilitation services rendered to CMEC in connection with the MEPP contracts.
The defence also argued that Kachallah was distinct from the companies involved in the transactions and challenged the admissibility of some of the documents tendered by the EFCC.
However, EFCC counsel, Iheanacho Ekele, SAN, alongside O.S. Ujam, countered that the transactions violated Sections 8, 10, and 53 of the ICPC Act as well as provisions of the Money Laundering (Prevention and Prohibition) Act.
The prosecution further argued that the court was empowered to lift the corporate veil in cases involving fraud and illegality to identify individuals behind companies used to perpetrate unlawful acts.
Citing judicial authorities including Oyebanji vs State, the EFCC maintained that the evidence before the court clearly established that the aircraft was acquired with proceeds of unlawful activities.
Justice Nwite agreed with the submissions of the EFCC and consequently ordered the final forfeiture of the aircraft to the Federal Government of Nigeria.
Felix Ifijeh is a journalist with years of professional reporting experience. Known for his keen news sense, compelling storytelling and commitment to accurate, impactful reporting, he has built a reputation for turning leads into clear, engaging, and well-structured reports that resonate with readers. His work reflects deep newsroom experience and a commitment to accurate, impactful journalism.
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