Wale Igbintade
Justice Daniel Osiagor of the Federal High Court in Lagos has discharged and acquitted a former Executive Director of Projects at the Niger Delta Development Commission (NDDC), Engr. Tuoyo Omatsuli, alongside Francis Momoh and two companies, of a 46-count charge of alleged N3.6 billion money laundering filed against them by the Economic and Financial Crimes Commission (EFCC).
This marks the second time the defendants have been discharged and acquitted in the matter.
Delivering a detailed judgment in the suit between the Federal Republic of Nigeria and Omatsuli and others, Justice Osiagor held that the prosecution failed to establish that the defendants were in possession of proceeds of unlawful activity or that they engaged in any act of money laundering.
The court found that, from the totality of the evidence presented by the prosecution’s witnesses, the defendants were not culpable on any of the 46 counts preferred against them.
Justice Osiagor further held that although the prosecution claimed its investigation was based on “credible intelligence,” no petition was presented before the court and no credible material was produced to substantiate the alleged intelligence.
This marks the second time the defendants have been discharged and acquitted in the matter.
They were first cleared in 2020 following their initial arraignment.
The EFCC had re-arraigned Omatsuli and his co-defendants over the alleged N3.6 billion fraud after the Court of Appeal overturned their earlier acquittal.
The appellate court, in November 2022, set aside the trial court’s decision and ordered that the case proceed to the defence stage.
The anti-graft agency prosecuted Omatsuli alongside Francis Momoh, Don Parker Properties Limited and Building Associates Limited under various provisions of the Money Laundering (Prohibition) Act, including Section 18 as amended by Act No. 1 of 2012 and punishable under Section 15(3) of the same Act.
The provisions criminalise conspiracy, aiding and abetting, and money laundering, prescribing penalties ranging from seven to 14 years’ imprisonment for individuals, as well as revocation of licences in the case of corporate bodies.
All the defendants pleaded not guilty to the charges.
Omatsuli’s legal battle began in 2018 when he was first arraigned before Justice Saliu Saidu (now retired) of the Federal High Court, Lagos.
In 2020, the trial court upheld the defendants’ no-case submission and dismissed the charges, holding that the prosecution failed to link them to the alleged offences.
Dissatisfied with the ruling, the EFCC appealed.
Although the Court of Appeal ordered the matter to proceed, the retirement of Justice Saidu caused delays, and the case was subsequently reassigned to Justice Osiagor, before whom the defendants were re-arraigned and again pleaded not guilty.
At the fresh trial, the prosecution called 16 witnesses who had testified in the earlier proceedings, and 34 exhibits were admitted and marked as Exhibits ET01 to ET34.
The prosecuting counsel, Mr. Ekene Iheanacho (SAN), applied to tender the records of the previous trial and the exhibits admitted therein, relying on Section 46 of the Evidence Act to avoid further delay and expense.
The defence did not oppose the application, and the court admitted the records and exhibits in evidence.
The prosecution also applied to adopt the previous testimony of its 13th witness, Mr. Adamu, and urged the court to deem all exhibits as read.
With no objection from the defence, Justice Osiagor granted the applications.
Despite the extensive proceedings, the court held that the prosecution failed to prove its case beyond reasonable doubt, leading to the discharge and acquittal of all the defendants.
