Court acquits ex-NDDC Director, others of N3.6bn Money Laundering Charge

By Akin Kuponiyi

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

Also cleared by the court were Francis Momoh, Don Parker Properties Limited and Building Associates Limited, who were prosecuted alongside Omatsuli on a 46-count charge.

Delivering judgement, Justice Daniel Osiagor held that the prosecution failed to establish the offences of proceeds of unlawful activity and money laundering against Omatsuli and Momoh, the first and second defendants respectively.

He ruled that the evidence presented by the prosecution witnesses did not link the defendants to the alleged crimes.

The judge further held that the EFCC based its investigation on what it termed credible intelligence, yet there was no petition against the defendants and no credible evidence was produced before the court to substantiate the claim.

This is the second time the defendants have been discharged and acquitted. They were first cleared in 2020 after the trial court upheld their no-case submission.

The EFCC had re-arraigned Omatsuli and the other defendants over an alleged N3.6 billion fraud before Justice Osiagor on a 46-count charge of money laundering.

They were prosecuted 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, which criminalises conspiracy, aiding and abetting, and money laundering.

The law prescribes seven to 14 years’ imprisonment for individuals and revocation of licence in the case of a corporate body.

The defendants pleaded not guilty to all the charges.

Omatsuli’s trial began in 2018 before Justice Saliu Saidu (now retired) of the Federal High Court, Lagos. In 2020, the court dismissed the charges after upholding the defendants’ no-case submission, ruling that the prosecution had failed to link them to the alleged offences.

Dissatisfied with the decision, the EFCC appealed. In November 2022, the Court of Appeal set aside the acquittal and ordered the defendants to enter their defence. However, following the retirement of Justice Saidu, the matter was reassigned to Justice Osiagor, before whom the defendants were re-arraigned. They maintained their not guilty pleas.

At the fresh trial, the prosecution called 16 witnesses who had testified in the earlier proceedings, while 34 exhibits were admitted in evidence.

The EFCC prosecuting counsel, Mr Ekene Iheanacho (SAN), applied to tender the records of the earlier proceedings and the exhibits admitted by the former trial judge, citing Section 46 of the Evidence Act to reduce delay and expenses. The defence did not oppose the application, and the court admitted the records and exhibits.

The prosecution also sought to adopt the previous testimony of its 13th witness, Mr Adamu, and applied that all exhibits be deemed as read. With no objection from the defence, the court granted the requests.

In the final analysis, Justice Osiagor held that the prosecution failed to prove its case beyond reasonable doubt and accordingly discharged and acquitted all the defendants.