A Federal High Court sitting in Lagos and presided over by Justice Daniel Osiagor on Tuesday discharged and acquitted former Executive Director of Projects at the Niger Delta Development Commission, Engr Tuoyo Omatsuli, Francis Momoh and two other defendants of all money laundering charges filed against them by the Economic and Financial Crimes Commission.
Delivering the judgement in the suit between the Federal Republic of Nigeria and Engr Tuoyo Omatsuli and others, Justice Osiagor held that the prosecution failed to establish proceeds of unlawful activity or money laundering against the first and second defendants. He ruled that from the evidence presented by prosecution witnesses, the defendants were not culpable in the 46 count charge brought against them.
The court further held that the prosecution claimed its investigation was based on credible intelligence but failed to provide credible evidence or any petition to substantiate the claim. According to the judge, the prosecution did not establish conspiracy, aiding and abetting, or money laundering against the defendants.
Consequently, the court discharged and acquitted Omatsuli, Momoh and the two corporate defendants.
The defendants had earlier been acquitted in 2020 after their initial arraignment. However, the EFCC appealed the decision and the Court of Appeal overturned the acquittal and ordered the trial to proceed. Following the retirement of the former trial judge, the case was reassigned to Justice Osiagor, leading to a fresh trial.
During the proceedings, the prosecution called 16 witnesses and tendered 34 exhibits. Despite the extensive evidence, the court ultimately ruled that the charges were not proven beyond reasonable doubt.
The case, which began in 2018, centered on alleged N3.6 billion fraud and violations of the Money Laundering Act. The acquittal marks the second time the defendants have been cleared of the allegations.
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