EFCC secures final forfeiture of private Jet

The Economic and Financial Crimes Commission has secured a final forfeiture order of a Hawker 125 private jet before Justice Emeka Nwite of the Federal High Court in Maitama, Abuja, on Monday over its link to fraud, corruption, and money laundering regarding the Maiduguri Emergency Power Project.

The aircraft, with model number 800XP, serial number 258553, and registration number 5N-AMK, 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 an interested party, Abdulsalam Mustapha Kachallah as to why the aircraft should not be permanently forfeited to the Federal Government.

The judge noted that the interested party failed to demonstrate with evidence the lawful origin of the funds used to purchase the aircraft.

He stressed 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 business.

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, Valiente Jet Limited 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 had received intelligence bordering on conspiracy, obtaining money under false pretenses, and money laundering involving Kachallah.

Investigations revealed that sometime in 2021, the Nigerian National Petroleum Company Limited awarded contracts under the Maiduguri Emergency Power Project valued at $114,148,155 and ₦23,172,969,904.

Kachallah, who was then the Chairman of the Borno State Rural Electrification Board and a member of the project’s steering committee, used his position and relationships with NNPCL officials to engage in illicit dealings connected to the project.

The investigation showed that Kachallah entered into unlawful agreements with China Machinery Engineering Company through companies in which he had a substantial interest, selling privileged bidding information relating to the project in exchange for financial inducements.

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.

On Kachallah’s instructions, CMEC transferred the sum of $2,070,000 into the Stanbic IBTC Bank account of Afuwa Integrated Services Limited.

The 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 by CMEC into the bank account of Afuwa Integrated Services were based on a contract his company entered into with CMEC to facilitate the contract award and provide consultancy services, the court found otherwise.

The matter was argued by parties on April 30, 2026.

The EFCC, represented by Iheanacho Ekele, SAN, and O.S. Ujam, argued that Kachallah’s actions violated the provisions of Sections 8, 10, and 53 of the ICPC Act, as well as the Money Laundering and Prohibition Act, emphasizing that evidence showed Kachallah was a public officer appointed by the Borno State Government.

Kachallah, represented by M.E. Oru, SAN, maintained that Kachallah was distinct from his companies that entered into the agreements and argued that some of the exhibits attached to the EFCC’s affidavit were inadmissible.

This submission was quickly rebutted by Iheanacho, who cited several judicial authorities, including Oyebanji vs. State, to show that in cases of fraud or illegality, the law allows the veil of incorporation to be lifted to reveal the persons behind the companies.

He also stated that the documents attached to the affidavit did not need further certification, relying on the authorities of Aondoakaa vs. Obot & Anor and Musa vs. Jika.

Being satisfied with the evidence placed before it, Justice Nwite granted the final forfeiture of the aircraft to the Federal Government of Nigeria.