Manny Ita –
A Federal High Court sitting in Lagos has discharged and acquitted Tuoyo Omatsuli, a former Executive Director of Projects at the Niger Delta Development Commission (NDDC), alongside Francis Momoh and two corporate entities, of a 46-count charge bordering on alleged ₦3.6 billion money laundering brought against them by the Economic and Financial Crimes Commission (EFCC).
Delivering judgment, the trial judge held that the prosecution failed to establish the essential elements of the offences of proceeds of unlawful activity and money laundering against the defendants. The court ruled that “the prosecution failed to establish the offence of proceeds of unlawful activity and money laundering against the 1st and 2nd defendants” and added that “from the evidence before the court, the defendants are not culpable of the 46 charges.”
The EFCC had accused the defendants of conspiracy, aiding and abetting, and laundering funds allegedly linked to unlawful activities. The defendants, however, pleaded not guilty to all the counts.
In the course of proceedings, the court noted that although the prosecution claimed its investigation was based on “credible intelligence,” no petition was presented before the court to substantiate the claim. “The prosecution premised its investigation on credible intelligence,” the judge said, “however, there was no petition against the defendants and no credible evidence was produced before this court to sustain the said credible intelligence.”
The case, which dates back several years, had earlier been dismissed after the court upheld a no-case submission filed by the defence. However, the anti-graft agency appealed the decision, leading to a fresh trial. At the conclusion of the retrial, the court held that the prosecution did not discharge the burden of proof required in criminal proceedings and accordingly discharged and acquitted the defendants.
Counsel to the defendants welcomed the ruling, describing it as a vindication of their clients’ innocence. The acquittal brings to a close the prolonged legal battle over the alleged ₦3.6 billion fraud.
