Court dismisses 1bn fraud charge against contractor, ex-MTN staff

BY Henry Ojelu

Justice Ismaila Ijelu of the Lagos High Court, Ikeja, has dismissed the N1 billion fraud charge filed against a contractor Mutairu Babatunde and two former MTN Nigeria staff members, Victor Akintunde and Gani Mustapha.

The judge also discharged and acquitted their companies—Primavera Engineering and Construction Limited and Mabo Dredging Limited—after the nominal complainant, MTNN Employees Multipurpose Society Limited, informed the court that the dispute had been fully resolved.

The court’s decision followed an affidavit filed by defence counsel, Olalekan Ojo, SAN,  and G. M. Oguntade, SAN, stating that the complainant and all defendants had reached a comprehensive settlement agreement on August 25, 2025.

The terms were later adopted in a civil suit before Justice Kudirat Jose of the Lagos High Court, Tapa, Lagos Island, which entered a consent judgment on September 17, 2025.

Ojo informed the court that the complainant, through its solicitors, wrote a letter dated August 29, 2025, to the Economic and Financial Crimes Commission, EFCC, requesting the withdrawal of the criminal charge following the settlement.

He added that the defence also wrote the EFCC on October 23, 2025, urging it to discontinue prosecution in line with the consent judgment.EFCC counsel, Babatunde Sonoiki, confirmed receiving the affidavit and acknowledged that the Commission had been formally notified of the settlement and was awaiting internal directives.

In his ruling, Justice Ijelu held that the prosecution had lost its foundation since the complainant no longer had a subsisting grievance.

 and had expressly requested discontinuance. He noted that the civil dispute had been concluded through a consent judgment, leaving no legal basis to sustain Charge No. ID/355/2013.

He stated that maintaining the charge would be futile, citing legal authorities including FRN v. Ononye and PML Nig. Ltd. v. FRN (2017).

He then dismissed the charge and acquitted all defendants.

The court ordered the immediate release of the passports of the first and second defendants, previously deposited with the court as part of their bail conditions.

Justice Ijelu also directed the EFCC to release all movable and immovable properties belonging to the defendants and to provide a full and itemised account of all rents collected from the assets since 2013.

He further ordered that all rents collected be paid to the affected defendants after the accounting process, except where a valid court order of coordinate jurisdiction restrains the release of any specific asset.

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