Justice Daniel Osiagor of a Federal High Court, Ikoyi, Lagos, on Tuesday discharged and acquitted a former Executive Director of Projects at the Niger Delta Development Commission (NDDC), Engr Tuoyo Omatsuli, alongside Francis Momoh and two companies, is facing an alleged ₦3.6 billion money laundering case filed by the Economic and Financial Crimes Commission (EFCC).
The judge arrived at the decision while passing judgment on the charges slammed against him by the Economic and Financial Crimes Commission (EFCC).
The court held that the prosecution failed to establish the essential elements of proceeds of unlawful activity and money laundering against the first and second defendants.
The judge ruled that from the evidence presented by the prosecution witnesses, the defendants were not culpable in the 46-count charge preferred against them.
Justice Osiagor further held that although the prosecution claimed its investigation was based on credible intelligence, it failed to place before the court sufficient and credible evidence to substantiate that claim.
He noted that there was no petition against the defendants and no convincing proof linking them to unlawful proceeds.
This marks the second time the defendants have been discharged and acquitted in the matter.
Omatsuli’s legal battle began in 2018 when he was first arraigned before Justice Saliu Saidu (now retired).
In 2020, the trial court upheld a no-case submission filed by the defence and dismissed the charges, holding that the prosecution had failed to link the defendants to the alleged offences.
Dissatisfied with the ruling, the EFCC appealed. The Court of Appeal overturned the acquittal in November 2022 and ordered the trial to proceed to the defence stage.
Following Justice Saidu’s retirement, the case was reassigned to Justice Osiagor, before whom the defendants were re-arraigned on the 46-count charge. They maintained their not guilty pleas.
At the resumed trial, the prosecution, led by Senior Advocate of Nigeria, Ekene Iheanacho, called 16 witnesses who had previously testified. A total of 34 exhibits were admitted and marked ET01 to ET34.
The prosecution also applied to tender the records of the earlier proceedings and sought to adopt the testimony of the 13th prosecution witness, citing provisions of the Evidence Act to avoid further delay.
The defence did not oppose the applications, and the court admitted the records and exhibits accordingly.
Despite the volume of documentary and oral evidence presented, the court held that the prosecution failed to discharge the burden of proof required in a criminal trial.
The EFCC had prosecuted Omatsuli, Francis Momoh, Don Parker Properties Limited and Building Associates Limited under various provisions of the Money Laundering Act, including Section 18 as amended by Act No. 1 of 2012, which criminalises conspiracy, aiding and abetting and money laundering.