The Economic and Financial Crimes Commission (EFCC) has prayed Justice Daniel Osiagor of the Federal High Court sitting in Ikoyi, Lagos State, to issue a warrant of arrest to compel a former Executive Director on Projects, Niger Delta Development Commission (NDDC), Tuoyo Omatsuli, to attend his trial over an alleged N3.6 billion fraud.
Omatsuli, alongside Francis Momoh, Don Parker Properties Limited, and Building Associates Limited were initially standing trial on an alleged case of conspiracy and money laundering to the tune of N3,645,000,000 before retired Justice Saliu Saidu of the Federal High Court in Ikoyi.
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 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.”
They pleaded not guilty to the charges preferred against them.
The EFCC, after calling 16 prosecution witnesses, subsequently closed its case against the defendants.
However, rather than open their defence, the defendants filed a no-case submission, which was heard on October 12, 2020.
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In his ruling on November 11, 2020, Justice Saidu discharged the first defendant, Omatsuli, saying: “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 to enter the defence.”
Consequently, the EFCC vowed to appeal the discharge of the former NDCC boss.
On April 13, 2022, a three-man panel of the Court of Appeal, Lagos Division, upheld the appeal of the EFCC and dismissed the ruling of the trial court.
However, at the resumed sitting on Wednesday, January 31, 2024, the counsel for the second defendant, Norrison Quakers (SAN), informed the court that Omatsuli was absent in court because he had an appeal pending before the Supreme Court.
He also told the court that the first defendant was not aware of Wednesday’s hearing because he was not represented by a counsel at the last proceedings.
Responding, the prosecution counsel, Ekele Iheanacho, said: “At the previous sitting, sometime in November 2023, the matter came up for arraignment, and a counsel appeared on behalf of the 1st defendant. The court then asked us to choose a date for arraignment. On that basis, I didn’t ask for a bench warrant against the defendant.”
Justice Osiagor disagreed with Iheanacho that the first defendant was aware of the hearing and, therefore, ordered that he be put on notice.
The judge, therefore, adjourned the case to March 22, 2024, for re-arraignment and trial.
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