EFCC Seeks To Reverse Verdict That Cleared Omatsuli And Firms Of ₦3.6 Billion Fraud

The Economic and Financial Crimes Commission (EFCC) has filed an appeal at the Lagos Division of the Court of Appeal, seeking to overturn the acquittal of former Niger Delta Development Commission (NDDC) Executive Director Touyo Omatsuli and three others in a ₦3.645 billion money laundering case.

According to reports, the appeal challenges a Federal High Court judgment in Lagos, presided over by Justice Daniel Osiagor, which discharged and acquitted the defendants on all 46 counts, including money laundering, conspiracy, and failure to comply with statutory reporting obligations. The other respondents in the case are Don Parker Properties Limited, Francis Momoh, and Building Associates Limited. EFCC is represented by a team led by E.E. Iheanacho (SAN), alongside Bilikisu Bala Buhari, Emenike Mgbenmele, O.S. Ujam, Famen Anum, M.A. Babatunde, and Lydia Ebenezer.

In its notice of appeal, the EFCC argued that the trial court erred in law and failed to properly assess the substantial evidence presented, including the testimonies of 16 witnesses and numerous documentary exhibits. The commission further contended that the court ignored prior Court of Appeal rulings affirming the establishment of a prima facie case against the defendants.

The anti-graft agency maintained that the trial judge mischaracterized the nature of the ₦3.645 billion paid by a contractor identified as PW4, describing it as unlawful gratification rather than legitimate transactions. According to the EFCC, the funds were routed through Building Associates Limited and other accounts before being used to acquire high-value properties, concealing their origin.

The appeal details what the EFCC described as a coordinated laundering scheme, with the first respondent nominating accounts to receive funds while the third and fourth respondents facilitated transfers and conversions. Some payments were reportedly converted into foreign currency, and corporate ownership structures were allegedly restructured with backdated documents to cover up the transactions.

The EFCC criticized the trial court for selectively relying on portions of cross-examination while overlooking the broader prosecution evidence. The commission insisted there were no contradictions in key witness testimonies and that documentary exhibits corroborated their claims.

Additionally, the EFCC argued that the lower court misinterpreted anti-corruption laws, including provisions under the Corrupt Practices and Other Related Offences Act and the Code of Conduct Bureau and Tribunal Act, which prohibit public officials from benefiting from official duties. The commission also stressed that knowledge of money laundering can be inferred from conduct patterns under the Money Laundering (Prohibition) Act, rather than requiring direct proof.

The EFCC is requesting that the Court of Appeal overturn the Federal High Court judgment, allow the appeal, convict the respondents, and issue any further orders deemed appropriate.