Justice Ismaila Ijelu of a Lagos High Court sitting in Ikeja has dismissed the charge against a contractor, Mutairu Babatunde and two former members of staff of MTN, Victor Akintunde and Gani Mustapha, over alleged conspiracy and obtaining money by false pretence.

The judge discharged and acquitted the defendants along with their companies; Primavera Engineering and Construction Limited, and Mabo Dredging Limited, of alleged N1 billion fraud

Apart from dismissing the charge against the accused, the court also ordered the Economic and Financial Crimes Commission (EFCC) to release all their withholding assets and seized property to them.

The judge’s order was sequel to the affidavit filed by counsel to the defendants, Olalekan Ojo (SAN) and G. M. Oguntade (SAN), who prayed the court to discontinue the case after the nominal complainant, MTN Employees Multipurpose Society Limited and all the defendants resolved their matter in a civil suit.

The parties had voluntarily executed a comprehensive settlement agreement dated August 25, 2025, after which terms of settlement were filed in the civil suit on September 17, 2025 before Justice Kudirat Jose of a Commercial Division of a Lagos High Court sitting Tapa, Lagos Island, which entered a consent judgment, thereby conclusively resolving the dispute.

“We have written to the EFCC via a letter dated October 23, 2025 and requested the withdrawal of the prosecution as a result of the consent judgment,” Ojo said.

The EFCC counsel, Babatunde Sonoiki, confirmed receiving the affidavit and acknowledged that the Commission had been formally notified of the settlement and is awaiting internal directives.

Justice Ijelu, in his ruling, held: “Accordingly, the court finds that there is no subsisting complaint, no outstanding dispute, and no legal foundation for continuing charge ID/355/2013. The charge is hereby dismissed, and the defendants are acquitted.”

The court further ordered that the passports of the first and second defendants, which were deposited with the Registrar of this Court as part of their bail conditions be released to them forthwith.

“It is further ordered that the respondent, acting through the Economic and Financial Crimes Commission (EFCC), shall immediately release to the first, third and fourth applicants all movable and immovable property listed in the schedule of assets.

“It is hereby ordered that the EFCC, including its appointed receiver/manager, shall file and render a full, accurate and itemised account of all rents collected from the property of the first and third applicants from 2013 to date, and shall pay over all such collected rents to the first and third applicants.

“It is further ordered that all rents collected in respect of the property of the first, third and fourth applicants be paid to them forthwith. For the avoidance of doubt, these orders take effect unless there is a subsisting order of a court of coordinate jurisdiction restraining the release of any specific asset,” the judge said.