Federal High Court in Lagos acquits former NDDC Director Tuoyo Omatsuli and co-defendants of N3.6bn money laundering charges filed by EFCC

A Federal High Court in Lagos on Tuesday discharged and acquitted Tuoyo Omatsuli, former Executive Director of Projects at the Niger Delta Development Commission (NDDC), of money laundering charges brought by the Economic and Financial Crimes Commission (EFCC).

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Also cleared by Justice Daniel Osiagor were Francis Momoh, Don Parker Properties Limited, and Building Associates Limited, who faced prosecution alongside Omatsuli on a 46-count charge.

The judge held that the prosecution failed to establish the alleged offences of proceeds of unlawful activity and money laundering. He noted that the evidence presented by EFCC witnesses did not link the defendants to the alleged crimes.

Justice Osiagor emphasised that although the EFCC claimed to base its investigation on credible intelligence, there was no petition or substantive evidence against the defendants.

This marks the second time Omatsuli and the other defendants have been discharged and acquitted.

They were first cleared in 2020 after the trial court upheld their no-case submission. The EFCC had appealed that decision, leading to a re-arraignment in 2022 and a fresh trial before Justice Osiagor.

During the renewed proceedings, the prosecution presented 16 witnesses who had testified in the earlier trial and 34 exhibits, while also tendering the records of the previous trial. The defence did not object to the admission of past testimonies and exhibits.

Despite the evidence, Justice Osiagor concluded that the EFCC failed to prove the case beyond reasonable doubt and formally acquitted all the defendants.

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Omatsuli and his co-defendants had pleaded not guilty to all charges related to the alleged N3.6 billion fraud, which was prosecuted under Section 18 of the Money Laundering Act and punishable under Section 15(3), prescribing seven to 14 years’ imprisonment for individuals and licence revocation for corporate entities.