The Economic and Financial Crimes Commission (EFCC) has secured a court order of final forfeiture of Hawker 800XP private jet allegedly purchased with proceeds of fraud linked to the Maiduguri Emergency Power Project (MEPP).
Judge Emeka Nwite of the Federal High Court in Abuja granted the order on Monday after ruling that the claimant failed to show sufficient cause why the aircraft should not be permanently forfeited to the Federal Government.
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The aircraft, with registration number 5N-AMK and serial number 258553, was forfeited following an application filed by the EFCC.
In his ruling, Mr Nwite held that Valiente Jet Limited, the company claiming ownership of the aircraft, failed to establish the lawful source of the funds used to acquire it.
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“The interested party has not demonstrated with evidence the lawful origin of the funds used to purchase the aircraft,” the judge held.
He also said the manner in which the aircraft was allegedly acquired through a Bureau De Change operator who denied knowledge of the transaction further strengthened the EFCC’s claims that the deal was unlawful.
The court had earlier issued an interim forfeiture order on 13 November 2025 and directed the EFCC to publish the order in a national newspaper for interested parties to show cause why the jet should not be permanently forfeited.
Following the publication, Valiente Limited, linked to Abdulsalam Mustapha Kachallah, filed affidavits opposing the final forfeiture.
An EFCC investigator, Aminu Abdullahi, told the court that the commission received intelligence reports alleging conspiracy, obtaining money by false pretence and money laundering involving Mr Kachallah, a former chairman of the Borno State Rural Electrification Board and member of the steering committee of the Maiduguri Emergency Power Project.
According to the EFCC, investigations showed that the Nigerian National Petroleum Company (NNPC) Limited awarded contracts under the project in 2021 valued at $114.1 million and N23.17 billion.
The anti-graft agency alleged that Mr Kachallah used his position and relationship with NNPC officials to engage in illicit dealings connected to the contracts.
Investigators said he entered into unlawful arrangements with China Machinery Engineering Company (CMEC) through companies linked to him and allegedly supplied privileged bidding information in exchange for financial inducements.
The EFCC further alleged that CMEC later secured three contracts under the project worth $52.1 million and N20.2 billion.
Part of the funds, according to the commission, was routed through Afuwa Integrated Services Limited, a Bureau De Change operator allegedly presented as a subcontractor to CMEC.
The EFCC stated CMEC transferred $2.07 million into the Stanbic IBTC Bank account of Afuwa Integrated Services Limited on the instruction of Mr Kachallah.
Investigators also alleged that forged invoices were prepared in the name of the company to give the impression that legitimate services had been rendered to CMEC.
According to the commission, the funds were later transferred to a Brazilian account and used to purchase the aircraft from a Brazilian company.
The EFCC further alleged that Mr Kachallah initially acquired the aircraft through Afuwa Integrated Services Limited before transferring ownership documents to Valiente Jet Limited, another company allegedly linked to him.
However, Mr Kachallah opposed the forfeiture application, arguing that the payments were based on a legitimate consultancy agreement between his company and CMEC for services connected to the project.
At the hearing on 30 April, EFCC lawyer Iheanacho Ekele, a Senior Advocate of Nigeria (SAN), and O.S. Ujam argued that Mr Kachallah’s actions violated provisions of the ICPC Act and the Money Laundering (Prevention and Prohibition) Act.
The EFCC also maintained that evidence before the court showed Mr Kachallah was a public officer appointed by the Borno State Government.
Mr Kachallah’s lawyer, M.E. Oru, also a SAN, argued that his client was separate from the companies involved in the transactions and challenged the admissibility of some documents attached to the EFCC’s affidavit.
Responding, EFCC lawyer argued that courts could lift the corporate veil in cases involving allegations of fraud and illegality to identify individuals behind companies. He cited judicial authorities, including Oyebanji v State.
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The Maiduguri Emergency Power Project was initiated by the Nigerian National Petroleum Company Limited (NNPCL) to address years of electricity shortages in Borno State following the destruction of power infrastructure by insurgents. The project was expected to improve the electricity supply to Maiduguri and the surrounding communities.
The ruling also comes amid broader EFCC investigations into alleged financial misconduct linked to major public sector projects and former officials associated with the state-owned oil company.
After considering the submissions of both parties, Mr Nwite ordered the final forfeiture of the aircraft to the federal government.
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