Court acquits two ex-NDDC Directors of money laundering charges

By Akin Kuponiyi

A Federal High Court sitting in Lagos on Tuesday discharged and acquitted former Executive director Projects, Niger Delta Development Commission (NDDC) Engineer Tuoyo Omatsuli, Francis Momoh and two other companies of the charge of money laundering filed against them by the Economic and Financial Crimes Commission (EFCC)

In his judgement, Justice Daniel Osiagor declared that the prosecution failed to establish the offence of proceeds of unlawful activity and money laundering against Omatsuli and Momo who are 1st and 2nd defendants respectively.

He said from the evidence adduced by the prosecution witnesses, the defendants were not culpable in the 46 counts charge filed against them by the anti-graft Agency

The Judge further held that the prosecution premised their investigation on credible intelligence whereas there was no petition against the defendants and failed to produce before the court credible evidence to sustain the so-called credible intelligence.

This is the second time the court had discharged and acquitted the defendants, having been acquitted in 2020 after their first arraignment.

EFCC had re-arraigned Omatsuli and others on a 46-counts charge of money laundering for alleged N3.6 billion fraud.

The anti-graft agency prosecuted Omatsuli, Momoh, Don Parker Properties Limited, and Building Associates Limited, on money laundering charges under Section 18 of the Money Laundering Act as amended by Act No 1 of 2012 and punishable under Section 15(3) of the same Act.

The provision criminalizes conspiracy, aiding and abetting and money laundering. Section 15(3) of the same Act which prescribes seven to 14 years imprisonment for an individual and a revocation of licence in the case of a corporate body.

The defendants pleaded not guilty to all the charge

The re-arraignment of the defendants followed the Court of Appeal’s reversal of their earlier acquittal handed down by the trial court.

Omatsuli’s trial started in 2018 when he was arraigned before the then Justice Saliu Saidu (now retired) of a Federal High Court sitting in Lagos.

The court dismissed the charges against the defendants, having upheld their no case submission in 2020.

The court held that the defendants had no cause to enter defence when the prosecution, at the end of its evidence, failed to link the defendants to the alleged crimes.

Dissatisfied with the ruling, EFCC went on appeal against the ruling.

The Court of Appeal upheld EFCC’s appeal, thus upturning the acquittal and ordering the defendants to proceed to defence stage.

Due to the retirement of Justice Saidu, the trial had suffered setbacks since the Court of Appeal’s November 2022 judgement reversing the acquittal of the defendants.

The matter was reassigned Justice Osiagor Daniel, wherein the defendants were re-arraigned

However, the defendants maintained their no guilty plea when they were rearraigned.

In the course of the fresh trial, prosecution called 16 witnesses who had testified in the previous trial while 34 pieces of exhibits were admitted and marked Exhibits.

The EFCC prosecuting counsel, Mr Ekene Iheanacho (SAN), then applied to tender the records of the proceedings of the former trial court, along with the exhibits admitted in evidence by the former judge.

He cited Section 46 of the Evidence Act to support the move.

He submitted that his request was predicated on the need to reduce further delay and expenses as earlier held by the court.

The defence counsel did not oppose the application by the prosecution.

The court ruled and admitted the records as well as the exhibits in evidence,

The prosecution counsel also applied to adopt the previous testimony of the 13th prosecution witness, Mr Adamu.

He also applied that all the exhibits should be taken as read.

The judge granted the prayer, as there was no objection by the defence team.