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.