The Economic and Financial Crimes Commission (EFCC), on Wednesday, January 31, 2024, prayed Justice Daniel Osiagor of the Federal High Court sitting in Ikoyi, Lagos to issue a warrant of arrest to compel a former Executive Director on Projects, Niger Delta Development Commission (NDDC), Tuoyo Omatsuli to attend his trial over an alleged N3.6bn fraud.
Omatsuli, alongside Francis Momoh, Don Parker Properties Limited and Building Associates Limited, were initially standing trial on an alleged case of conspiracy and money laundering to the tune of N3,645,000,000 (Three Billion, Six Hundred and Forty-five Million Naira) before retired Justice Saliu Saidu of the Federal High Court, Ikoyi, Lagos.
They pleaded not guilty to the charges preferred against them.
The EFCC, after calling 16 prosecution witnesses, subsequently closed its case against the defendants. However, rather than open their defence, the defendants filed a no-case submission, which was heard on October 12, 2020.
In his ruling on November 11, 2020, Justice Saidu had discharged the first defendant, Omatsuli, saying, “I have gone through the charge preferred against the defendants as well as the evidence of all the 16 prosecution witnesses and I found no reason for the first defendant to enter the defence.”
Consequently, the EFCC vowed to appeal the discharge of the former NDCC boss. On April 13, 2022, a three-man panel of the Court of Appeal, Lagos Division, upheld the appeal of the EFCC and dismissed the ruling of the trial court.
The judgment delivered by Justice Festus Obande Ogbuinya held that the ruling of the lower court dated November 11, 2020, discharging the respondent, Omatsuli, of the money laundering charges “is hereby set aside and he shall enter into his defence accordingly on the same counts.”
The Appellate Court, however, discharged Omatsuli on counts 27, 28 and 29 of the charge. In the course of the trial, Justice Saidu retired and the matter was subsequently re-assigned to Justice Osiagor.
Justice Osiagor disagreed with Iheanacho that the 1st defendant was aware of today’s hearing and, therefore, ordered that he be put on notice.
The case was adjourned to March 22, 2024, for re-arraignment and trial.
