EFCC Appeals Acquittal Of Ex-NDDC Director Tuoyo Omatsuli Over N3.6bn Fraud

The Economic and Financial Crimes Commission (EFCC) has filed an appeal against the acquittal of Tuoyo Omatsuli, a former executive director of projects at the Niger Delta Development Commission (NDDC), along with three others, in a N3.6 billion money laundering case.

The appeal, submitted to the Lagos division of the Court of Appeal, also listed Francis Momoh, Don Parker Properties Limited, and Building Associates Limited as respondents.

The EFCC’s legal team is being led by senior advocate Ekele Iheanacho (SAN).

The case stems from a ruling by Justice Daniel Osiagor of the Federal High Court in Lagos, who had cleared the defendants of all 46 charges, including money laundering, conspiracy, and failure to comply with statutory reporting requirements.

In its notice of appeal, the EFCC argued that the trial court failed to properly consider the evidence, including testimonies from 16 witnesses and numerous documents.

The EFCC also claimed that the lower court ignored previous appellate court rulings, especially regarding the no-case submission, where a prima facie case was argued to exist.

According to the commission, the trial judge erred in concluding that there was no evidence linking the defendants to the alleged crimes.

The agency stated that the N3.645 billion traced to Omatsuli was an illegal gratification paid by a contractor, not a legitimate payment.

The EFCC alleged that the funds were given as “appreciation” to NDDC board members and routed through proxies and corporate entities to hide their source.

They claimed the money was transferred via Building Associates Limited and other accounts before being used to buy high-value assets, with some converted into foreign currency.

The commission also said the defendants tried to hide the transactions after the investigation started, including changing company ownership structures and creating backdated documents.

The EFCC argued that the trial court wrongly assessed criminal intent, pointing out that knowledge of illegal activity can be inferred from actions such as unusual financial movements and attempts to conceal them.

The anti-graft agency is asking the appellate court to overturn the high court’s judgment and convict the defendants.

KanyiDaily recalls that the EFCC recently arrested a woman, Fatima Muhammed over alleged Naira abuse in Maiduguri.