A Federal High Court in Lagos on Tuesday acquitted a former Executive Director of Projects at the Niger Delta Development Commission, Tuoyo Omatsuli, alongside Francis Momoh and two firms, of alleged N3.6bn fraud and money laundering charges instituted by the Economic and Financial Crimes Commission.
Delivering judgment, Justice Daniel Osiagor ruled that the prosecution failed to prove the essential elements of the offences of proceeds of unlawful activity and money laundering against the defendants.
The judge held that from the entirety of the evidence presented by the prosecution, the defendants could not be linked to the 46-count charge preferred against them.
According to the court, the anti-graft agency based its investigation on what it described as credible intelligence but did not provide sufficient proof to back the claim.
The judge noted that no petition was tendered against the defendants and no convincing evidence was produced to substantiate the intelligence relied upon by the prosecution.
This is the second time the defendants have been cleared of the allegations.
They were initially discharged in 2020 after the trial court upheld their no-case submission, ruling that the prosecution had not established a prima facie case against them.
However, the commission re-arraigned Omatsuli, Momoh, Don Parker Properties Limited and Building Associates Limited on May 19, 2025, before Justice Osiagor on a 46-count charge bordering on conspiracy, alleged N3.645bn fraud and money laundering.
The defendants were charged under provisions of the Money Laundering (Prohibition) Act, including Section 18 as amended by Act No. 1 of 2012 and punishable under Section 15(3), which prescribes between seven and 14 years’ imprisonment for individuals and licence revocation for corporate entities. They pleaded not guilty to all counts.
The fresh arraignment followed a decision of the Court of Appeal, Lagos Division, which set aside their earlier acquittal and directed that the trial proceed to the defence stage.
Omatsuli’s legal battle began in 2018 when he was first arraigned before Justice Saliu Seidu of the Federal High Court, Lagos.
In 2020, the court upheld his no-case submission and dismissed the charges, holding that the prosecution failed to connect him to the alleged offences.
Dissatisfied, the EFCC approached the appellate court, which in November 2022 nullified the acquittal and ordered that the trial continue.
Following the retirement of Justice Seidu, the matter was reassigned to Justice Osiagor, before whom the defendants were again arraigned and maintained their not guilty pleas.
At the resumed trial, the prosecution called 16 witnesses from the earlier proceedings and tendered 34 exhibits marked ET01 to ET34.
Lead prosecuting counsel, Ekene Iheanacho (SAN), applied to tender the records of previous proceedings and exhibits admitted by the former trial judge under Section 46 of the Evidence Act, citing the need to minimise delay and costs.
The defence did not oppose the application, and the court admitted the documents.
The prosecution also sought to adopt the earlier testimony of its 13th witness and urged the court to deem all exhibits as read. With no objection from the defence, the court granted the request.
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But after reviewing the totality of the evidence, Justice Osiagor held that the prosecution failed to establish its case beyond reasonable doubt and consequently discharged and acquitted the defendants.
