Justice Daniel Osiagor of the Federal High Court, Lagos, has discharged and acquitted former Executive Director of Projects at the Niger Delta Development Commission (NDDC), Engr. Tuoyo Omatsuli, Francis Momoh, and two companies: Don Parker Properties Limited and Building Associates Limited, of a 46‑count charge of alleged ₦3.6 billion money laundering brought by the Economic and Financial Crimes Commission (EFCC).
Delivering judgment in FRN v. Omatsuli & Ors., Justice Osiagor held that the prosecution failed to establish that the defendants were in possession of proceeds of unlawful activity or engaged in acts of money laundering. The court found that, on the totality of evidence from 16 witnesses and 34 exhibits, the defendants were not culpable on any of the counts.
The judge further noted that although the EFCC claimed its investigation was based on “credible intelligence,” no petition or credible material was produced to substantiate the alleged intelligence.
This marks the second acquittal in the matter. The defendants were first discharged in 2020 after Justice Saliu Saidu upheld their no‑case submission. The EFCC appealed, and in November 2022, the Court of Appeal set aside the acquittal and ordered the case to proceed to defence. Following reassignment to Justice Osiagor after Justice Saidu’s retirement, the defendants were re‑arraigned and again pleaded not guilty.
Despite extensive proceedings, including adoption of prior testimony and exhibits under Section 46 of the Evidence Act, the court held that the prosecution failed to prove its case beyond reasonable doubt, leading to the discharge and acquittal of all defendants.
