The Economic and Financial Crimes Commission (EFCC) has approached the Court of Appeal in Lagos, seeking to overturn the acquittal of former Niger Delta Development Commission (NDDC) Executive Director, Tuoyo Omatsuli, over an alleged N3.645 billion money laundering scheme.
The anti-graft agency disclosed this in its Notice of Appeal filed through its counsel, E.E. Iheanacho (SAN), where it challenged the earlier judgment of the Federal High Court in Lagos.
On March 3, a Federal High Court in Lagos discharged and acquitted former Tuoyo Omatsuli, along with Francis Momoh and two companies, over an alleged N3.6 billion money laundering.
The EFCC argues that the trial court failed to properly evaluate evidence presented during the trial, including testimonies from 16 witnesses and multiple documentary exhibits.
According to the Commission, the lower court ignored earlier rulings of the Court of Appeal, which had established that there was a prima facie case, requiring the defendants to open their defence. Instead, the trial judge concluded that there was no sufficient evidence linking the accused to the alleged offences.
EFCC claims that the N3.645 billion traced to Omatsuli and other respondents was not a legitimate payment, but an unlawful gratification from a contractor.
The Commission further alleged that the defendants attempted to conceal the origin of the funds by converting portions into foreign currency and restructuring company ownership after investigations began. It also accused them of creating backdated documents to justify the transactions.
Based on these arguments, the EFCC is asking the Court of Appeal to set aside the acquittal and enter a conviction against the respondents.
