RismadarVoice Reporters, April 9, 2026
The Economic and Financial Crimes Commission (EFCC) has filed an appeal against the judgment of the Federal High Court in Lagos which acquitted a former Executive Director of Projects at the Niger Delta Development Commission (NDDC), Engr. Tuoyo Omatsuli, and three others over an alleged ₦3.6 billion fraud.
Also cleared in the March 3, 2026 judgment by Justice Daniel Osiagor were Francis Momoh, Don Parker Properties Limited, and Building Associates Limited.
In a Notice of Appeal filed on April 9, 2026, before the Court of Appeal, Lagos, the EFCC, through its counsel, Ekene Iheanacho, SAN, challenged the ruling on seven grounds, seeking its reversal.
Justice Osiagor had discharged and acquitted the defendants of a 46-count charge bordering on money laundering, ruling that the prosecution failed to sufficiently prove its case despite presenting 16 witnesses and 34 exhibits during the retrial.
However, the EFCC argued that the trial judge failed to properly evaluate the evidence and disregarded earlier findings of the Court of Appeal relating to key testimonies.
The case has a protracted history. In 2020, Omatsuli was initially acquitted at the no-case submission stage, while the other defendants were ordered to open their defence. The EFCC appealed, and the Court of Appeal overturned that decision, directing that the case proceed.
In its earlier ruling, the appellate court held that the payment of about ₦3.645 billion by a contractor (Prosecution Witness 4) to Omatsuli, through Building Associates Limited, raised questions of gratification requiring explanation under relevant laws, including provisions of the ICPC Act and the Constitution.
In the fresh appeal, the EFCC maintained that evidence before the court showed that the funds were paid to members of the NDDC board under the guise of “appreciation,” but were not used for any youth-related interventions as claimed.
The Commission further alleged that the funds were diverted into the purchase of properties in Lagos through a private company linked to Omatsuli, adding that the assets had already been forfeited through a non-conviction-based forfeiture order affirmed by the Court of Appeal in a separate civil proceeding.
According to the EFCC, the trial judge failed to adequately consider relevant anti-corruption laws and overlooked evidence suggesting attempts to conceal the transactions, including the issuance of sub-contract documents to justify the payments.
The Commission is therefore urging the appellate court to set aside the acquittal and grant its reliefs.
No date has been fixed for the hearing of the appeal.
