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Ex-NDDC Boss Faces Arrest Over N3.6bn Fraud Claims

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In a significant legal development on January 31, 2024, the Economic and Financial Crimes Commission (EFCC) made an impassioned plea before Justice Daniel Osiagor at the Federal High Court in Ikoyi, Lagos.

The request sought the issuance of an arrest warrant for Tuoyo Omatsuli, a former Executive Director on Projects at the Niger Delta Development Commission (NDDC).

Omatsuli is implicated in a high-profile trial concerning an alleged N3.6 billion fraud.

Initially facing trial alongside Francis Momoh, Don Parker Properties Limited, and Building Associates Limited, Tuoyo Omatsuli found himself entangled in charges of conspiracy and money laundering totaling N3,645,000,000 (Three Billion, Six Hundred and Forty-five Million Naira).

This legal saga unfolded before retired Justice Saliu Saidu at the Federal High Court in Ikoyi, Lagos.

One of the counts reads: “That you, Engr Tuoyo Omatsuli, Don Parker Properties Limited, Francis Momoh and Building Associates Limited, between August 2014 and September 2015 at Lagos, within the jurisdiction of this Honourable Court, conspired to disguise the illegal origin of N3,645,000,000 (Three Billion Six Hundred and Forty-Five Million Naira), being proceeds of unlawful activity to wit: corruption and gratification; and thereby committed an offence contrary to Section 18 of the Money Laundering Act 2011 as amended by Act No 1 of 2012 and punishable under Section 15 (3) of the same Act.”

Another count reads: “That you, Engr Tuoyo Omatsuli, between August 2014 and September 2015 at Lagos, within the jurisdiction of this Honourable Court, did procure Francis Momoh and Building Associates Limited to use the total sum of N3,645,000,000 (Three Billion Six Hundred and Forty-Five Million Naira) paid by Starline Consultancy Services into the Diamond Bank Plc Account No. 0023785116 operated by Building Associate Ltd, when you reasonably ought to have known that the said sum formed part of the proceeds of your unlawful activity to wit: Corruption and Gratification; and you thereby committed an offence contrary to Section 18 of the Money Laundering Act 2011 as amended by Act No 1 of 2012 and punishable under Section 15 (3) of the same Act.”

Pleading not guilty to the charges, the defendants, including Tuoyo Omatsuli, faced a legal twist after the Economic and Financial Crimes Commission (EFCC) presented 16 prosecution witnesses.

Following the conclusion of the prosecution’s case, the defendants chose a strategic move by filing a no-case submission instead of presenting their defense. On October 12, 2020, this submission was heard.

In a pivotal ruling on November 11, 2020, Justice Saidu discharged the first defendant, Omatsuli, stating, “I have thoroughly examined the charges against the defendants and the testimony of all 16 prosecution witnesses. I find no grounds for the first defendant to proceed with the defense.”

In response to the discharge of the former NDCC boss, Tuoyo Omatsuli, the Economic and Financial Crimes Commission (EFCC) expressed determination to challenge the decision. On April 13, 2022, a three-man panel of the Court of Appeal, Lagos Division, substantiated the EFCC’s appeal and overturned the trial court’s ruling.

Justice Festus Obande Ogbuinya, delivering the judgment, declared that the lower court’s decision on November 11, 2020, to discharge Omatsuli of the money laundering charges “is hereby set aside, and he shall enter into his defense accordingly on the same counts.”

While the Appellate Court discharged Omatsuli on counts 27, 28, and 29 of the charge, the trial underwent a transition with Justice Saidu retiring and Justice Osiagor taking over. During a recent court session, Norrison Quakers, SAN, counsel to the 2nd defendant, informed the court of Omatsuli’s absence, citing an ongoing appeal at the Supreme Court.

Quakers explained, “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, but EFCC appealed. The Appellate court reversed the decision, ordering the defendants to enter their defense. Dissatisfied, the 1st defendant appealed to the Supreme Court, and the matter is yet to be determined.”

During the court session, Norrison Quakers, SAN, stated that the 1st defendant, Omatsuli, was unaware of the recent hearing as he lacked legal representation during the last proceedings.

Responding, prosecution counsel Ekele Iheanacho clarified, “At the previous sitting in November 2023, a counsel appeared on behalf of the 1st defendant, and the court instructed us to choose a date for arraignment. Therefore, I didn’t request a bench warrant against the defendant.”

Iheanacho emphasized that, according to the Administration of the Criminal Justice Act (ACJA), there is no stay of proceedings due to an appeal. Citing S352 of the ACJA, he applied for a bench warrant against Omatsuli.

Ekele Iheanacho reinforced in court that, as per the Administration of the Criminal Justice Act (ACJA), there is no provision for a stay of proceedings due to an appeal.

Pointing to S352 of the ACJA, he asserted that the pendency of Omatsuli’s appeal does not hinder the proceedings at the Federal High Court. Consequently, Iheanacho applied for a bench warrant against Omatsuli.

Justice Osiagor disagreed with Iheanacho’s assertion that the 1st defendant was aware of the current hearing and consequently ordered that he be formally notified.

The case has been adjourned to March 22, 2024, for re-arraignment and trial.

NEWS

N1.7trn Loan: Atiku Blames NASS For Worsening Nigeria’s Debt Burden

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Former Vice President, Atiku Abubakar has criticized the federal government’s plan to secure an additional N1.7 trillion loan through Eurobonds to cover a shortfall in the 2024 budget, describing the borrowing as unsustainable and harmful to Nigeria’s economy.

In a statement shared on Thursday via his X (formerly Twitter) handle, Atiku accused the Bola Tinubu-led administration of burdening Nigerians with debt while failing to provide clear answers about the country’s fiscal challenges.

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He also faulted the National Assembly for enabling what he called a “voracious appetite” for loans.

The former Peoples Democratic Party (PDP) presidential candidate expressed alarm over a recent World Bank report ranking Nigeria as the third most indebted country to the International Development Association (IDA), calling the development troubling.

“The recent report released by the World Bank, showing Nigeria as the third most indebted country to the International Development Association (IDA), is very concerning,” Atiku stated.

He raised further concerns about the government’s decision to benchmark the proposed loan at an exchange rate of 1 USD to N800, despite the Central Bank of Nigeria’s official rate being over N1,600.

“What makes this particular loan proposal even more concerning is that it is benchmarked at the exchange rate of 1 USD to N800, whereas the current exchange rate from the Central Bank of Nigeria stands at over N1,600 to 1 USD,” he said.

Atiku questioned the need for additional borrowing, given the government’s earlier claims of record-high revenue collection.

“In July this year, Tinubu boasted that the FIRS and Customs under his watch had collected all-time high revenues to finance the budget. Why are they still borrowing?” he said

He accused the government of a lack of transparency, describing the borrowing spree as detrimental to Nigerians already struggling under economic hardship.

“There is something that they are not telling Nigerians, even as they are being crushed by a combination of their failed trial-and-error policies and loan rackets.”

Atiku also referenced a report by BudgIT, a budget monitoring group, which criticized the 2024 budget for its inefficiencies.

He alleged that corruption, rather than infrastructure or development needs, was driving the government’s borrowing decisions.

“These loans are powered by corruption and not for infrastructure and development needs. This voracious appetite for humongous loans is deeply concerning,” he said.

Reflecting on Nigeria’s financial history, Atiku lamented the return to significant foreign indebtedness just years after former President Olusegun Obasanjo’s administration cleared the country’s debt.

“It is agonizing to see that just a few years after the Obasanjo administration took us out of foreign indebtedness, we are today back at the top spot in the same conundrum,” he stated.

He called for a more cautious approach to borrowing, urging the government to prioritize fiscal responsibility and transparency to avoid worsening Nigeria’s economic challenges.

 

 

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ICC Issues Arrest Warrants For Israeli Prime Minister Netanyahu, Others

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The International Criminal Court (ICC) has taken a historic step, issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.

The charges include crimes against humanity and war crimes allegedly committed during Israel’s recent assault on Gaza.

In a detailed statement, the ICC accused the Israeli leaders of “intentionally and knowingly depriving the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity.”

READ MORE: Osun Govt Decries Attempted Murder Of Park Mgt  Chairman By Police

The ICC’s move marks a significant escalation in international scrutiny of the Israeli-Palestinian conflict. Netanyahu and Gallant are alleged to have orchestrated policies that caused severe harm to the civilian population in Gaza, leading to widespread condemnation from human rights organizations.

Alongside the charges against Israeli officials, the ICC also issued an arrest warrant for Hamas military commander Mohammed Deif. Deif has long been a central figure in Hamas’s military operations. Israel’s military claims to have killed him in a July airstrike, although this has not been independently verified.

The warrants highlight growing calls for accountability amid the ongoing conflict in the region. The ICC’s actions are likely to provoke heated debate and may complicate diplomatic efforts aimed at resolving the crisis.

With the warrants issued, global attention now turns to how the international community will respond and whether any practical steps will be taken to enforce them.

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NEWS

Edo State Governor Sets Up Committee To Recover Missing Gov’t Vehicles

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Governor Monday Okpebholo of Edo State has inaugurated a 12-member committee tasked with recovering government vehicles reportedly in private hands.

The committee, led by Kelly Okungbowa, has been given a two-week mandate to retrieve the vehicles and ensure their return to the state government.

READ ALSO: Finnish Police Arrest Simon Ekpa Over Terror-Related Allegations

Speaking during the inauguration ceremony in Benin City, Governor Okpebholo emphasized the importance of accountability in the management of public resources.

He urged the committee to carry out its assignment thoroughly and within the bounds of the law.

In his response, Okungbowa expressed gratitude to the governor for entrusting the team with the assignment, vowing to deliver results within the stipulated timeframe.

“A lot of vehicles used by the past administration are missing, as those in custody of the vehicles have refused to return them,” Okungbowa said.

“The governor deemed it fit to inaugurate us today with a mandate to recover all government vehicles in private hands.”

The committee, which includes representatives from Edo’s three senatorial districts, is set to investigate and recover the vehicles based on credible intelligence already at their disposal.

“We already have vital information regarding some persons still holding government vehicles,” Okungbowa stated. “We will do the job according to the law, and both the government and the people will be satisfied with the outcome.”

He also called on members of the public to assist the committee by providing information about any government vehicles that may still be in private possession.

“We want to appeal to members of the public who might be aware of anyone still keeping government vehicles in their houses to please inform us to enable the committee to recover such for the Edo State Government,” Okungbowa said.

The committee’s vice chairman, Rt. Hon. Victor Edoror, a former Speaker of the Edo State House of Assembly, will work alongside other members to ensure the success of the initiative. The public can reach the committee at 08110165121.

 

 

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