The Economic and Financial Crimes Commission (EFCC) has filed an application before a Federal High Court in Ikoyi, Lagos State, seeking a warrant of arrest for Tuoyo Omatsuli, a former Executive Director on Projects of the Niger Delta Development Commission (NDDC), over an alleged N3.6bn fraud case.
The anti-graft agency said it needed the court order to compel Omatsuli to appear for his trial on charges of money laundering and conspiracy.
Omatsuli and three others – Francis Momoh, Don Parker Properties Limited and Building Associates Limited – are accused of laundering N3,645,000,000, which the EFCC said was the proceeds of corruption and gratification.
According to the EFCC spokesperson, Dele Oyewale, who issued a statement on Thursday, the defendants were initially arraigned before retired Justice Saliu Saidu of the same court.
One of the counts against them read: “That you, 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, 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 read: “That you, 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 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.”
The defendants pleaded not guilty to the charges and the EFCC presented 16 witnesses to prove its case.
However, instead of opening their defence, the defendants filed a no-case submission, which was heard on October 12, 2020.
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In his ruling on November 11, 2020, Justice Saidu discharged Omatsuli, saying, “I have gone through the charge preferred against the defendants as well as the evidence of all the 16 prosecution witnesses and I found no reason for the first defendant to enter the defence.”
The EFCC was dissatisfied with the ruling and appealed to the Court of Appeal, Lagos Division.
On April 13, 2022, a three-man panel of the appellate court upheld the EFCC’s appeal and dismissed the trial court’s ruling.
Oyewale said the EFCC was determined to pursue the case against Omatsuli and his co-defendants to a logical conclusion.