The Economic and Financial Crimes Commission (EFCC) on Monday, May 19, 2025, re-arraigned Tuoyo Omatsuli, a former Executive Director of Projects at the Niger Delta Development Commission (NDDC), before Justice Daniel Osiagor of the Federal High Court in Ikoyi, Lagos, over an alleged N3.6 billion fraud.
Omatsuli is standing trial alongside Francis Momoh, Don Parker Properties Limited, and Building Associates Limited on an amended 46-count charge bordering on conspiracy and money laundering to the tune of N3,645,000,000 (Three Billion, Six Hundred and Forty-Five Million Naira).
The re-arraignment follows a decision by the Court of Appeal, Lagos Division, which on December 15, 2021, overturned an earlier ruling by Justice Saliu Seidu. Justice Seidu had discharged Omatsuli while holding that the other three defendants had a case to answer.
The EFCC and the other defendants appealed the ruling, prompting the appellate court to order a retrial at the lower court. The trial was delayed due to the retirement of Justice Seidu in November 2020. As a result, the case is now being heard afresh before Justice Osiagor.
At Monday’s sitting, Justice Osiagor ruled that proceedings and exhibits from the earlier trial could be adopted in the current case to save time and resources, as neither party objected. The court also granted the prosecution permission to call a witness to lay the foundation for the admissibility of past proceedings.
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The defendants all pleaded “not guilty” after the amended charges were read.
One of the charges 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, being proceeds of unlawful activity to wit: corruption and gratification, thereby committing an offence contrary to Section 18 of the Money Laundering Act 2011 (as amended) and punishable under Section 15(3) of the same Act.”
Following the plea, prosecution counsel, Ekele Iheanacho, SAN, called the first witness, Usman Yusuf Adamu, an EFCC operative, who testified that he participated in the investigation and that 16 witnesses had testified during the earlier trial.
According to Adamu, 34 exhibits were admitted during the original trial and marked ET01 to ET34. He further noted that most of the witnesses resided outside Lagos, with some having relocated abroad or become unreachable.
The prosecution tendered records and exhibits from the previous trial, citing Section 46 of the Evidence Act to support the motion. The defence raised no objections, and the court admitted the documents into evidence.
The court also granted the prosecution’s request to adopt the previous testimony of the 13th prosecution witness, PW13, Adamu, and to consider all related exhibits as read.
Following the close of the prosecution witness’s testimony, the defence requested additional time to open their case. Justice Osiagor adjourned the matter to July 2, 3, and 4, 2025, for the defendants to begin their defence.
