The Economic and Financial Crimes Commission (EFCC) has approached the Court of Appeal in Lagos, seeking to overturn the acquittal of former Niger Delta Development Commission (NDDC) Executive Director, Tuoyo Omatsuli, over an alleged N3.645 billion money laundering scheme.
The anti-graft agency disclosed this in its Notice of Appeal filed through its counsel, E.E. Iheanacho (SAN), where it challenged the earlier judgment of the Federal High Court in Lagos.
On March 3, a Federal High Court in Lagos discharged and acquitted former Tuoyo Omatsuli, along with Francis Momoh and two companies, over an alleged N3.6 billion money laundering.
What they are saying
The EFCC argues that the trial court failed to properly evaluate evidence presented during the trial, including testimonies from 16 witnesses and multiple documentary exhibits.
According to the Commission, the lower court ignored earlier rulings of the Court of Appeal, which had established that there was a prima facie case, requiring the defendants to open their defence. Instead, the trial judge concluded that there was no sufficient evidence linking the accused to the alleged offences.
EFCC claims that the N3.645 billion traced to Omatsuli and other respondents was not a legitimate payment, but an unlawful gratification from a contractor.
The Commission further alleged that the defendants attempted to conceal the origin of the funds by converting portions into foreign currency and restructuring company ownership after investigations began. It also accused them of creating backdated documents to justify the transactions.
Based on these arguments, the EFCC is asking the Court of Appeal to set aside the acquittal and enter a conviction against the respondents.
Backstory
Tuoyo Omatsuli’s scrutiny over an attempt to divert N3.8bn allocation when he was NDDC boss dates back to 2015, during the administration of former President Muhammadu Buhari.
In an August 15, 2015, report, Nairametrics noted that authorities had summoned the management of the Niger Delta Development Commission (NDDC) to explain the agency’s financial position.
- His legal battle began in 2018 when he was arraigned before the Federal High Court in Lagos on multiple charges linked to alleged financial misconduct.
- In 2020, trial judge Saliu Saidu (now retired) exonerated him and other defendants after upholding a no-case submission, effectively dismissing the charges at the time.
However, the matter resurfaced in 2024 when the EFCC renewed efforts to prosecute the case, urging Justice Daniel Osiagor to issue a warrant for Omatsuli’s arrest to ensure his appearance in court.
However, in early March, a Federal High Court sitting in Lagos discharged and acquitted Omatsuli, Francis Momoh and two companies.
- “The prosecution failed to establish the offence of proceeds of unlawful activity and money laundering against the 1st and 2nd defendants,” Justice Daniel Osiagor said in the ruling.
What you should know
The Niger Delta Development Commission (NDDC) is a federal agency established in 2000 to drive development in Nigeria’s oil-rich Niger Delta region, which includes states such as Rivers, Delta, Bayelsa, Akwa Ibom, and Cross River.
The Commission was set up to address long-standing environmental degradation, underdevelopment, and infrastructure deficits caused by decades of oil exploration. Its mandate includes funding roads, healthcare, education, and economic empowerment projects across the region.
However, the agency has repeatedly faced scrutiny over allegations of financial mismanagement and corruption.
