The Economic and Financial Crimes Commission (EFCC) sought a warrant of arrest from Justice Daniel Osiagor of the Federal High Court, Ikoyi, Lagos, on Wednesday, January 31, 2024, to compel the appearance of Tuoyo Omatsuli, the former Executive Director on Projects at the Niger Delta Development Commission (NDDC). Omatsuli is facing trial over an alleged N3.6 billion fraud.
Alongside Francis Momoh, Don Parker Properties Limited, and Building Associates Limited, Omatsuli was initially charged with conspiracy and money laundering amounting to N3,645,000,000 before retired Justice Saliu Saidu of the Federal High Court, Ikoyi, Lagos.
The charges allege that between August 2014 and September 2015, Omatsuli and his co-defendants conspired to disguise the illegal origin of N3,645,000,000, proceeds of unlawful activities, including corruption and gratification.
After pleading not guilty to the charges, the EFCC presented 16 prosecution witnesses and subsequently closed its case against the defendants. However, instead of opening their defense, the defendants filed a no-case submission, heard on October 12, 2020.
Justice Saidu ruled on November 11, 2020, discharging Omatsuli, stating, “I found no reason for the first defendant to enter the defense.” The EFCC vowed to appeal, leading to a favorable ruling by the Court of Appeal on April 13, 2022, directing Omatsuli to enter into his defense.
At the resumed sitting on Wednesday, counsel to the 2nd defendant, Norrison Quakers, SAN, informed the court that Omatsuli was absent due to a pending appeal at the Supreme Court. Quakers stated, “The first defendant is on appeal at the Supreme Court. A no-case submission filed by the 1st defendant before the Federal High Court was upheld, and EFCC appealed the decision. This decision was, however, reversed at the Appellate court, and the no-case submission dismissed.”
Prosecution counsel, Ekele Iheanacho, argued for a bench warrant against Omatsuli, citing the absence of a stay of proceedings in the law, according to the Administration of the Criminal Justice Act. Justice Osiagor disagreed, ordering that Omatsuli be put on notice.
The case was adjourned to March 22, 2024, for re-arraignment and trial.
