N3.6bn fraud: Appeal Court voids clearance of ex-NDDC Director, Omatsuli

The Court of Appeal, Lagos Division, has voided the clearance of a former Executive Director, Projects, Niger Delta Development Commission (NNDC), Tuoyo Omatsuli, of an alleged case of money laundering to the tune of N3.6 billion.

A 3-man panel of the Appellate Court upheld the appeal lodged by the Economic and Financial Crimes Commission (EFCC) against the ruling of Justice Saliu Saidu of a Federal High Court in Lagos discharging Omatsuli of the alleged offence.

Justice Saidu had on November 11, 2020, discharged the former NDDC Director of the alleged offence after upholding his no-case submission.

“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 (Omatsuli) to enter his defence.

“Accordingly, the first defendant is hereby discharged”, Justice Saidu held.

Dissatisfied with the ruling, the anti-graft agency lodged an appeal to upturn the verdict. Subsequently, the Appellate Court in a judgement delivered by Justice Festus Obande Ogbuinya set aside the ruling of the lower court and ordered Omatsuli to open his defence. The court however, discharged Omatsuli on counts 27, 28 and 29 of the charge

The appellate court also dismissed the applications of Omatsuli’s co-accused, Francis Momoh and Building Associates Limited to set aside the ruling of the lower court on their no-case submission.

The court, in its verdict, affirmed the ruling of the lower court on the no-case submission filed by both Momoh and Building Associates on the grounds their appeal “is bereft of merit” and ordered them to enter their defence accordingly.

The anti-graft agency had on the 8th of November, 2018, docked Omatsuli alongside Don Parker Properties Ltd, Francis Momoh and Building Associates Ltd before Justice Saliu Saidu on a 45-count charge of alleged N3.6 billion.

They however pleaded not guilty to the offence. Some of the counts against the defendants 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 proceed 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.

“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”.

The offences which were allegedly committed between August 2014 and September 2015 were said to have contravened the provisions of Sections 15(1), 15(2), 15(3) and 18 of the Money Laundering Prohibition Act 2011, as amended by Act No 1 of 2012.