A Lagos High Court sitting in Ikeja has dismissed all criminal charges filed by the Economic and Financial Crimes Commission (EFCC) against a contractor, Mutairu Babatunde, and two former MTN staff members, Victor Akintunde and Gani Mustapha, over alleged conspiracy and obtaining money by false pretence involving ₦1 billion.
Justice Ismaila Ijelu discharged and acquitted the three defendants alongside their companies, Primavera Engineering and Construction Limited and Mabo Dredging Limited, after ruling that the case had been fully resolved through a civil settlement initiated by the nominal complainant, MTNN Employees Multipurpose Society Limited.
Aside from dismissing the charges, the court also directed the EFCC to release all seized properties, assets, and documents belonging to the defendants, putting an end to the decade-long legal battle that began with Charge No. ID/355/2013.
The judge’s decision followed affidavits filed by defence counsel, Olalekan Ojo, SAN, and G. M. Oguntade, SAN, informing the court that the parties had reached a comprehensive settlement agreement.
According to the affidavits, the complainant and all defendants voluntarily executed a settlement pact dated August 25, 2025.
The terms of settlement were subsequently filed before Justice Kudirat Jose of the Lagos High Court’s Commercial Division.
On September 17, 2025, Justice Jose entered the agreement as a consent judgment, thereby conclusively ending the civil dispute that formed the basis of the criminal charge.
Ojo, SAN, told the court that the complainant’s legal representatives notified the EFCC in a letter dated August 29, 2025, requesting that the Commission discontinue the criminal prosecution in light of the settlement.
“We have written to the EFCC by letter dated October 23, 2025, requesting the withdrawal of the prosecution following the consent judgment,” Ojo stated.
Confirming this development, EFCC counsel, Babatunde Sonoiki informed the court that the Commission had received the affidavit and was awaiting internal directives to act on the complainant’s request.
In his ruling, Justice Ijelu held that there was no legal basis for the EFCC to continue the case, as the complainant had completely withdrawn its allegations and settled all disputes.
“The facts demonstrate that the engine of the prosecution, the nominal complainant, has completely settled the matter, has no subsisting complaint, and has formally requested the EFCC to discontinue the criminal proceedings,” the judge said.
He added that the civil dispute had been lawfully concluded through a consent judgment, which extinguished the foundation for the criminal allegations.
Citing decisions in FRN v. Ononye and PML Nig. Ltd. v. FRN (2017) LPELR 43480, Justice Ijelu held that sustaining the charge under the circumstances would amount to an exercise in futility.
“Accordingly, the court finds that there is no subsisting complaint, no outstanding dispute, and no legal foundation for continuing Charge No. ID/355/2013. The charge is hereby dismissed, and the defendants are acquitted,” he ruled.
Justice Ijelu further directed the release of the passports of the first and second defendants, which had been deposited with the court as part of their bail conditions.
He also ordered the EFCC and its appointed receiver/manager to release all movable and immovable properties belonging to the first, third, and fourth applicants, and to render a detailed account of all rents collected from the properties between 2013 and 2025.
“All such collected rents shall be paid to the applicants forthwith,” the court ordered, adding that the directives stand unless there is any existing order from a court of coordinate jurisdiction restricting the release of any identified asset.
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