Federal High Court Orders Final Forfeiture of Private Jet Linked to Maiduguri Power Project Fraud
The Federal High Court, Abuja, presided over by Justice Emeka Nwite, has ordered the final forfeiture of a Hawker 800XP private jet (Model 800XP, Serial No. 258553, Registration No. 5N-AMK) to the Federal Government of Nigeria. The ruling follows allegations of fraud, corruption, and money laundering tied to contracts under the Maiduguri Emergency Power Project awarded by the Nigerian National Petroleum Company Limited (NNPCL).
Delivering judgment, Justice Nwite held that Valiente Jet Limited, owned by Abdulsalam Mustapha Kachallah, failed to establish the lawful origin of funds used to acquire the aircraft. The court emphasized that the disguised acquisition through a Bureau De Change operator—who denied knowledge of the transaction—strengthened the inference of illegality.
Justice Nwite said he was satisfied with the evidence presented by the EFCC and consequently ordered the final forfeiture of the aircraft to the Federal Government of Nigeria.
The court had earlier granted an interim forfeiture order on November 13, 2025, directing the EFCC to publish the order in a national newspaper to allow interested parties to show cause why the aircraft should not be permanently forfeited.
Following the interim order, EFCC stated that Valiente Jet Limited, owned by Abdulsalam Mustapha Kachallah, filed affidavits in response.
The EFCC, represented by Iheanacho Ekele (SAN) and O.S. Ujam, opposed the application, while Kachallah was represented by M.E. Oru (SAN).
Kachallah’s counsel argued against the final forfeiture, maintaining that payments made into China Machinery Engineering Company (CMEC) through the account of Afunwa Integrated Services Limited were based on a consultancy and facilitation agreement between his company and CMEC for the awarding of contracts under the Maiduguri Emergency Power Project.
He further argued that Kachallah was distinct from his companies that entered into the agreements and challenged the admissibility of some exhibits tendered by the EFCC.
The EFCC countered that Kachallah’s actions violated provisions of Sections 8, 10, and 53 of the ICPC Act, as well as the Money Laundering (Prohibition) Act.
The Commission also alleged that Kachallah was a public officer appointed by the Borno State Government.
EFCC counsel Iheanacho further cited judicial authorities supporting the principle that courts may lift the veil of incorporation in cases involving fraud or illegality to identify the individuals behind corporate entities.
According to EFCC investigators, the Commission received intelligence reports involving conspiracy, obtaining money by false pretence, and money laundering linked to Kachallah and some NNPCL officials.
Investigations revealed that in 2021, the Nigerian National Petroleum Company Limited awarded contracts under the Maiduguri Emergency Power Project valued at $114,148,155 and N23,172,969,904.
Kachallah, then Chairman of the Borno State Rural Electrification Board and a member of the project’s steering committee, allegedly used his position and connections within NNPCL to engage in illicit dealings related to the project.
The EFCC further alleged that he entered into unlawful agreements with CMEC through companies in which he had substantial interest and sold privileged bidding information in exchange for financial inducements.
CMEC was subsequently awarded three contracts worth $52,120,172 and N20,213,956,953.
Part of the contract funds was allegedly routed through Afunwa Integrated Services Limited, a Bureau De Change operator, under the false claim that it served as a subcontractor to CMEC.
CMEC reportedly transferred $2,070,000 into the account of Afunwa Integrated Services Limited on Kachallah’s instruction.
The EFCC further alleged that forged invoices were created in the name of Afunwa Integrated Services Limited to falsely present legitimate services rendered to CMEC.
The funds were then allegedly transferred to a Brazilian account for the purchase of the aircraft from a Brazilian company.
Kachallah was also accused of using Afunwa Integrated Services Limited to acquire the aircraft and later forging documents to transfer ownership to Valiente Jet Limited, which is linked to him.
