A Federal High Court sitting in Lagos on Tuesday freed a former Executive Director of Projects at the Niger Delta Development Commission, Tuoyo Omatsuli, and three others of alleged N3.6bn fraud and money laundering charges brought against them by the Economic and Financial Crimes Commission.
The other defendants are Francis Momoh, Don Parker Properties Limited and Building Associates Limited.
In his judgment, Justice Daniel Osiagor held that the prosecution failed to establish the ingredients of the offences bordering on proceeds of unlawful activity and money laundering.
The court ruled that a review of the evidence tendered by the anti-graft agency did not link the defendants to the 46 counts filed against them.
Justice Osiagor further observed that although the EFCC said its investigation was triggered by credible intelligence, no petition was presented before the court and no concrete evidence was produced to substantiate the claim.
The verdict marks the second time the defendants have been discharged in the protracted trial.
They were first cleared in 2020 after the trial court upheld a no-case submission on the grounds that the prosecution had failed to establish a prima facie case requiring them to open their defence.
The commission, however, re-arraigned Omatsuli and the others on May 19, 2025, before Justice Osiagor on a 46-count charge involving conspiracy, alleged N3.645bn fraud and money laundering.
They were charged under provisions of the Money Laundering (Prohibition) Act, including Section 18 as amended by Act No. 1 of 2012 and punishable under Section 15(3), which stipulates a jail term of between seven and 14 years for individuals and revocation of licence for corporate bodies. The defendants pleaded not guilty to all the counts.
Their re-arraignment followed a ruling of the Court of Appeal, Lagos Division, which set aside the earlier discharge and directed that the matter proceed to the defence stage.
Omatsuli’s ordeal began in 2018 when he was first arraigned before Justice Saliu Seidu of the Federal High Court, Lagos.
In 2020, Justice Seidu upheld his no-case submission and dismissed the charges, holding that the prosecution failed to connect him with the alleged offences.
Dissatisfied with the ruling, the EFCC approached the appellate court, which in November 2022 nullified the discharge and ordered that the trial continue.
Following Justice Seidu’s retirement, the case was reassigned to Justice Osiagor, before whom the defendants were re-arraigned and again pleaded not guilty.
During the fresh proceedings, the prosecution called 16 witnesses who had testified in the earlier trial and tendered 34 exhibits marked ET01 to ET34.
Lead counsel for the prosecution, Ekene Iheanacho (SAN), applied to tender the records of previous proceedings and the exhibits admitted by the former trial judge pursuant to Section 46 of the Evidence Act, stating that the move was to save time and cost.
The defence raised no objection, and the court admitted the documents.
The prosecution also sought leave to adopt the earlier testimony of its 13th witness and requested that all exhibits be deemed as read. The application was equally unopposed and granted.
However, after evaluating the entire body of evidence, Justice Osiagor held that the prosecution did not prove the allegations beyond reasonable doubt and consequently discharged and acquitted all the defendants.
