The Economic and Financial Crimes Commission, EFCC, on Monday, 19 May, 2025, re-arraigned Tuoyo Omatsuli, a former Executive Director on Projects, Niger Delta Development Commission, (NDDC), before Justice Daniel Osiagor of the Federal High Court sitting in Ikoyi, Lagos.
Omatsuli, alongside Francis Momoh, Don Parker Properties Limited and Building Associates Limited, is standing trial over an amended 46-count charge bordering on conspiracy and money laundering to the tune of over N3,645,000,000 (Three Billion, Six Hundred and Forty-five Million Naira).
The Court of Appeal, Lagos Division, had 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 the ruling of Justice Seidu, the EFCC had appealed to the Court of Appeal. 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.
The case was, however, stalled, following the retirement of Justice Seidu in November 2020, thereby prompting a fresh trial before Justice Osiagor.
During the sitting on Monday, 19 May, 2025, Justice Osiagor ruled that the proceedings in the earlier trial and the exhibits tendered before Justice Seidu could be tendered and adopted in the current proceedings to save time and resources, especially as the parties were not opposed to the procedure.
The Court also ruled that the prosecution was entitled to call its witness, who would lay the foundation of the case and tender proceedings in the previous trial.
The charge was, thereafter, read to the defendants
One of the counts 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 proceeds 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.”
The defendants pleaded “not guilty” to the charge preferred against them.
In view of their pleas, the prosecution counsel, Ekele Iheanacho SAN, called the first prosecution witness, PW1, Usman Yusuf Adamu, an operative with the EFCC, to give evidence.
Adamu stated that he was involved in the investigation and that 16 witnesses had testified in the previous trial before Justice Seidu.
He added that 34 pieces of evidence were admitted and marked ET01-ET34 by the previous trial court.
He said: “None of the witnesses resides in Lagos. They had to travel from Port Harcourt or Abuja to Lagos.
“Some of the witnesses have relocated abroad, while others are no longer reachable.”
Iheanacho, thereafter, applied to tender the records of the proceedings before Justice Saliu Seidu and the exhibits, citing and relying on Section 46 of the Evidence Act.
He also informed the court that his request was predicated on the need to reduce further delay and expenses as earlied held by the court.
The defence counsel did not oppose the application by the prosecution. The court ruled and admitted the records as well as the exhibits in evidence, which were marked ET 01 to ET 34.
The prosecution counsel also applied to adopt the previous testimony of the 13th prosecution witness, PW13, Adamu. He also applied that all the exhibits should be taken as read.
The Judge granted the prayer, as there was no objection by the defence team. The defendants applied for more time to enable them open their defence after the PW1 had closed his testimony.
The matter was adjourned till July 2, 3, and 4, 2025, for the defendants to open their defence.
