The Economic and Financial Crimes Commission (EFCC) has secured a court order for the final forfeiture of the Hawker 800XP private jet, allegedly purchased with proceeds of fraud linked to the Maiduguri Emergency Power Project (MEPP).
The EFCC, in a statement, said 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.
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 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.
He stressed that the disguised manner in which the aircraft was acquired, using the name of a Bureau De Change operator who denied knowledge of the transaction’s nature, further lent credence to the transaction’s unlawfulness.
The court had earlier granted an interim forfeiture order on 13 November 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, according to the EFCC, a company, Valiente Limited, whose owner is 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.
An EFCC investigator told the court that the commission received intelligence bordering on conspiracy, obtaining money by false pretence and money laundering involving Mr Kachallah.
The EFCC said investigation revealed that sometime in 2021, the Nigerian National Petroleum Company Limited (NNPC Ltd), awarded contracts under the Maiduguri Emergency Power Project valued at $114,1 and N23,17 billion.
The EFCC alleged that Mr 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 NNPC Ltd to engage in illicit dealings connected to the project.
Investigation showed that Mr Kachallah entered into unlawful agreements with China Machinery Engineering Company (CMEC), through companies in which he had a substantial interest, and sold privileged bidding information relating to the project in exchange for financial inducements.
The anti-graft agency further alleged that CMEC was subsequently awarded three contracts under the project valued at $52,1 million and N20,2 billion.
Part of the contract funds, according to the EFCC, was routed through Afuwa Integrated Services Limited, a Bureau De Change operator, under the false claim that the company was subcontracted by CMEC.
The EFCC said CMEC transferred the sum of $2,07 million into the Stanbic IBTC Bank account of Afuwa Integrated Services Limited on Mr Kachallah’s instruction.
The EFCC said 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.
According to the commission, the funds were later transferred to a Brazilian account for the purchase of 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.
READ ALSO: EFCC probes two suspects over $461,600 undeclared cash at Kano Airport
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, the 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.
The power project
The 52-megawatt Maiduguri Emergency Power Project (MEPP) was commissioned in Borno State in March 2023 by the late former President Muhammadu Buhari. At the time, the NNPC said the project aimed to provide stable and sustainable power to Maiduguri and its environs, following years of prolonged outages.
