The Economic and Financial Crimes Commission, EFCC, has secured a final forfeiture order of a Hawker private Jet 125 before Justice Emeka Nwite of the Federal High Court, Maitama, Abuja over its link to fraud, corruption and money laundering regarding the Maiduguri Emergency Power Project, MEPP.
The aircraft, with model number 800XP, serial number 258553 and registration number 5N-AMK, was owned by Abdulsalam Mustapha Kachalla, former Chairman of Borno State Rural Electrification Board, BSREB.
The aircraft was forfeited following an application by the EFCC.
Ruling on the application, Justice Nwite held that no sufficient cause was shown by Valiente Jet Limited, a company owned by Abdulsalam Mustapha Kachallah, an interested party, why the aircraft should not be finally forfeited to the Federal Government.
“The interested party has not demonstrated with evidence the lawful origin of the funds used to purchase the aircraft,” the judge held, stressing that the disguised manner through which the aircraft was acquired using the name of a Bureau De Change operator who denied knowledge of the nature of the transaction further lent credence to the unlawfulness of the entire transaction.
The court had earlier granted an interim forfeiture order on November 13, 2025 and directed the Commission to publish the order in a national newspaper for interested parties to show cause why the aircraft should not be permanently forfeited.
Following the publication, a company, Valiente Limited whose owner is Alhaji Abdulsalam Mustapha Kachallah filed affidavits to show cause. The application for final forfeiture was supported by an affidavit deposed to by Aminu Abdullahi, an investigator with the EFCC.
According to the investigator, the Commission received intelligence bordering on conspiracy, obtaining money by false pretence and money laundering involving Kachallah.
Investigation revealed that sometime in 2021, the Nigerian National Petroleum Company Limited, NNPCL, awarded contracts under the Maiduguri Emergency Power Project valued at $114,148,155 and ₦23,172,969,904
Kachallah, who was then Chairman of the Borno State Rural Electrification Board and a member of the project’s steering committee, used his position and relationship with officials of the NNPCL to engage in illicit dealings connected to the project.
Investigation showed that Kachallah entered into unlawful agreements with China Machinery Engineering Company, CMEC, through companies in which he had substantial interest, and sold privileged bidding information relating to the project in exchange for financial inducements.
The investigation further showed that CMEC was subsequently awarded three contracts under the project valued at $52,120,172 and ₦20,213,956,953.
Part of the contract funds was routed through Afuwa Integrated Services Limited, a Bureau De Change operator, under the false claim that the company was subcontracted by CMEC.
CMEC transferred the sum of $2,070,000 into the Stanbic IBTC Bank account of Afuwa Integrated Services Limited on Kachallah’s instruction.
Investigation further revealed that forged invoices were prepared in the name of Afuwa Integrated Services Limited to falsely portray that legitimate services had been rendered to CMEC.
The funds were thereafter transferred to a Brazilian account for the purchase of the aircraft from a Brazilian company.
Kachallah fraudulently used Afuwa Integrated Services Limited to acquire the aircraft before forging documents to transfer ownership to Valiente Jet Limited, a company linked to him.
Although Kachallah opposed the application, claiming that payments made into CMEC through the bank account of Afuwa Integrated Services was based on contract his company entered into with CMEC to facilitate the award of contract to the latter on the MEPP as well to provide consultancy services to the latter.
The matter was argued by parties on April 30, 2026. The EFCC which was represented by Iheanacho Ekele SAN, and O.S. Ujam, further argued that the action of Kachalla violated the provisions of Sections 8, 10, and 53 of the ICPC Act as well as the Money Laundering and Prohibition Act and that the evidence showed that Kachallah was a public officer appointed by the Borno State Government.
Kachallah was represented by M.E. Oru, SAN, and maintained that Kachalla was different from his companies that entered into the agreements and that some of the exhibits attached to the EFCC’s affidavit were not admissible. The submission was quickly rebutted by Iheanacho who cited several judicial authorities to show that in cases of fraud or illegality, the law allows the veil of incorporation to be lifted to show persons behind the companies. He relied on the case of Oyebanji vs State.
He also stated that the documents attached to the affidavit need not be further certified by the authorities of Aondoakaa vs Obot & Anor, Musa vs Jika.
In a well considered judgment and being satisfied with the evidence placed before it, Justice Nwite granted the final forfeiture of the aircraft to the Federal Government of Nigeria.
