A Federal High Court sitting in Lagos on Tuesday discharged and acquitted a former Executive Director of Projects, Niger Delta Development Commission, Tuoyo Omatsuli, Francis Momoh and two companies over an alleged N3.6bn money laundering charge filed against them by the Economic and Financial Crimes Commission.
While delivering the judgment, Justice Daniel Osiagor held that the prosecution failed to establish the essential ingredients of the offences of proceeds of unlawful activity and money laundering against the 1st and 2nd defendants.
“The prosecution failed to establish the offence of proceeds of unlawful activity and money laundering against the 1st and 2nd defendants,” the judge held.
He added that from the totality of the evidence adduced by the prosecution witnesses, the defendants were not culpable in the 46-count charge brought against them.
“From the evidence before the court, the defendants are not culpable of the 46 charges,” Justice Osiagor said.
The court further held that the EFCC premised its investigation on what it described as credible intelligence but failed to substantiate it.
“The prosecution premised its investigation on credible intelligence.
“However, there was no petition against the defendants and no credible evidence was produced before this court to sustain the said credible intelligence,” the judge said.
This marks the second time the defendants have been discharged and acquitted.
They were first acquitted in 2020 after their initial arraignment.
The EFCC had on May 19, 2025, re-arraigned Omatsuli, Momoh, Don Parker Properties Limited and Building Associates Limited before Justice Osiagor on a 46-count charge bordering on conspiracy, alleged N3.645bn fraud and money laundering.
The anti-graft agency prosecuted the defendants under various provisions of the Money Laundering Act, including Section 18 as amended by Act No. 1 of 2012 and punishable under Section 15(3) of the same Act, which prescribes seven to 14 years’ imprisonment for individuals and revocation of licence for corporate bodies.
The defendants pleaded not guilty to all the charges.
Their re-arraignment followed the Court of Appeal’s decision, which reversed their earlier acquittal and ordered the trial to proceed to the defence stage.
Omatsuli’s legal battle began in 2018 when he was first arraigned before Justice Saliu Seidu (now retired) of the Federal High Court, Lagos.
In 2020, Justice Seidu upheld the defendants’ no-case submission and dismissed the charges.
At the time, the trial court held that the prosecution had failed to link the defendants to the alleged crimes and that they had no case to answer.
The Court of Appeal, Lagos Division, on December 15, 2021, upturned the ruling on the no-case submission delivered by Justice Saliu Seidu.
Justice Seidu had earlier discharged Omatsuli, while holding that the three remaining defendants had a case to answer.
Dissatisfied with that ruling, the EFCC appealed.
The Court of Appeal allowed the appeal in November 2022, set aside the acquittal and ordered that the trial continue.
Following Justice Seidu’s retirement, the case was reassigned to Justice Osiagor, before whom the defendants were re-arraigned. They maintained their not guilty pleas.
Also, the remaining defendants had appealed against the decision of the trial court.
In its ruling, the appellate court had ordered that the case be returned to the trial court for the defendants to enter their defence.
At the fresh trial, the prosecution called 16 witnesses who had testified in the earlier proceedings. Thirty-four exhibits were admitted and marked ET01 to ET34.
Prosecuting counsel, Mr Ekene Iheanacho (SAN), applied to tender the records of the previous proceedings along with the exhibits admitted by the former trial judge, citing Section 46 of the Evidence Act.
“My application is predicated on the need to reduce further delay and expenses,” Iheanacho told the court.
The defence did not oppose the application, and the court admitted the records and exhibits in evidence.
The prosecution also applied to adopt the previous testimony of its 13th witness, Mr Usman Adamu, and urged the court to deem all the exhibits as read.
The defence again raised no objection, and the court granted the prayers.
However, after reviewing the entire evidence, Justice Osiagor held that the prosecution failed to prove its case beyond a reasonable doubt and accordingly discharged and acquitted all the defendants.
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