A Lagos High Court sitting in Ikeja has discharged and acquitted an MTN contractor, Mutairu Babatunde, and two former employees of MTN Nigeria, Victor Akintunde and Gani Mustapha, of allegations of conspiracy and obtaining money by false pretence involving an alleged ₦1 billion fraud.
Justice Ismaila Ijelu, in a ruling delivered on Tuesday, dismissed the criminal charge against the defendants and their companies — Primavera Engineering and Construction Limited and Mabo Dredging Limited — after confirming that the matter had been fully resolved through a civil settlement.
The court also ordered the Economic and Financial Crimes Commission (EFCC) to immediately release all assets seized from the defendants during the prosecution.
Settlement Led to Withdrawal of Case
The dismissal followed an affidavit filed by defence counsel, Olalekan Ojo (SAN) and George Oguntade (SAN), informing the court that the nominal complainant, MTNN Employees Multipurpose Society Limited, had amicably settled the dispute with the defendants.
The parties had executed a comprehensive settlement agreement on August 25, 2025, after which the terms were adopted by Justice Kudirat Jose of the Lagos High Court (Commercial Division), who entered a consent judgment on September 17, 2025.
Following the settlement, the complainant formally wrote the EFCC on August 29, 2025, requesting discontinuance of the criminal charge. The defence also submitted a letter dated October 23, 2025, urging the EFCC to withdraw prosecution in line with the consent ruling.
EFCC Confirms Notification
EFCC counsel, Babatunde Sonoiki, confirmed to the court that the Commission was notified of the settlement and was awaiting internal directives regarding withdrawal.
Judge: “No Legal Basis to Continue Prosecution”
In his judgement, Justice Ijelu held that the foundation of the case had collapsed since the complainant had withdrawn its complaint and the civil dispute had been conclusively settled by a consent judgment.
He noted that continuing the trial would be “an exercise in futility,” citing relevant judicial precedents including FRN v. Ononye and PML Nigeria Ltd. v. FRN (2017).
“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 ruled.
He therefore dismissed Charge No. ID/355/2013 and acquitted all defendants.
Court Orders Release of Assets and Passports
Justice Ijelu directed that the passports of the 1st and 2nd defendants, earlier deposited with the court as part of their bail conditions, be released immediately.
He further ordered the EFCC to return all movable and immovable assets seized from the 1st, 3rd, and 4th defendants.
In addition, the EFCC — including its appointed receiver/manager — was ordered to:
- Render a full and accurate account of all rents collected from the defendants’ properties from 2013 to date.
- Remit all collected rents to the affected defendants without delay.
The court clarified that these orders stand unless a valid order from a court of coordinate jurisdiction exists restraining the release of specific assets.
