In a significant legal development, a Lagos High Court has dismissed all criminal charges against a contractor and two former MTN Nigeria staff members who were accused of involvement in a ₦1 billion fraud case related to the Yellow Estate project.
Court Delivers Final Ruling
Justice Ismaila Ijelu of the Lagos High Court sitting in Ikeja discharged and acquitted contractor Mutairu Babatunde alongside former MTN employees Victor Akintunde and Gani Mustapha. The court also cleared their associated companies, Primavera Engineering and Construction Limited and Mabo Dredging Limited, of all allegations of conspiracy and obtaining money by false pretence.
The judge's ruling came after the nominal complainant in the case, MTNN Employees Multipurpose Society Limited, reached a comprehensive settlement with all defendants in a separate civil suit. The parties had voluntarily executed a settlement agreement dated August 25, 2025, which was subsequently formalized through a consent judgment before Justice Kudirat Jose of the Commercial Division of the Lagos High Court on September 17, 2025.
Legal Proceedings and Settlement
Defense counsel Mr Olalekan Ojo (SAN) and G. M. Oguntade (SAN) presented an affidavit of fact to the court, requesting the discontinuation of the criminal case following the successful resolution of the civil matter. The legal team informed the court that the nominal complainant had formally written to the Economic and Financial Crimes Commission (EFCC) on August 29, 2025, communicating the settlement and explicitly requesting the withdrawal of criminal charges.
"We have written to the commission, the EFCC, by letter dated October 23, 2025, and requested withdrawal of the prosecution in light of the consent judgment," Ojo stated during court proceedings.
EFCC counsel Mr Babatunde Sonoiki acknowledged receiving the affidavit and confirmed that the anti-graft agency had been formally notified of the settlement, though he indicated they were awaiting internal directives regarding the matter.
Court Orders and Asset Release
In his ruling, Justice Ijelu emphasized that the foundation for continuing the prosecution had been extinguished by the settlement and consent judgment. The judge ordered the immediate release of all seized assets and properties that had been withheld by the EFCC throughout the duration of the case.
The court specifically mandated the return of passports belonging to the first and second defendants that had been deposited with the court registrar as part of their bail conditions. Furthermore, the EFCC was directed to provide a complete accounting of all rents collected from the defendants' properties since 2013 and to remit all collected amounts to the rightful owners.
Justice Ijelu concluded that maintaining the criminal charge would be "an exercise in futility" given the comprehensive settlement between the parties and the existing consent judgment that had legally resolved the underlying dispute.
