The Economic and Financial Crimes Commission (EFCC) has filed a detailed appeal at the Court of Appeal, Lagos Division, challenging the acquittal of former Niger Delta Development Commission (NDDC) Executive Director, Touyo Omatsuli, and three others over an alleged ₦3.645 billion money laundering scheme.....KINDLY READ THE FULL STORY HERE▶

The appeal follows the Federal High Court, Lagos, ruling 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 respondents in the appeal include Don Parker Properties Limited, Francis Momoh, and Building Associates Limited. The EFCC is represented by a team of lawyers 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 evaluate extensive evidence, including testimonies from 16 witnesses and numerous documents. The Commission also contended that the court ignored prior appellate rulings affirming that a prima facie case had been established against the defendants.

The EFCC maintained that the trial judge wrongly concluded that no evidence linked the respondents to the alleged offences, despite earlier appellate findings supporting the credibility of the prosecution’s evidence. It further argued that the ₦3.645 billion traced to the first respondent represented unlawful gratification rather than legitimate payments, and that the funds were laundered through proxies and corporate accounts to acquire high-value properties.

According to the Commission, the alleged scheme involved:

• The first respondent nominating accounts to receive funds
• The third and fourth respondents facilitating transfers and conversions
• Acquisition of properties via corporate entities and foreign currency transactions to conceal origins
• Post-investigation cover-up actions, including restructuring ownership, relinquishing shares, and creating backdated documents

The EFCC criticized the trial court for relying on selective portions of cross-examination while ignoring the full scope of the prosecution’s case. It argued that there were no material contradictions in the testimonies of key witnesses, and that documentary exhibits corroborated their evidence.

The Commission also maintained that the court misinterpreted anti-corruption laws, including the Corrupt Practices and Other Related Offences Act and the Code of Conduct Bureau and Tribunal Act, which prohibit public officers from receiving benefits tied to official duties.

On criminal intent, the EFCC argued that knowledge of wrongdoing can be inferred from surrounding circumstances, as provided under the Money Laundering (Prohibition) Act, and that the companies involved failed to report suspicious transactions, as required by law.

The EFCC is urging the Court of Appeal to set aside the Federal High Court’s judgment, allow the appeal, convict the respondents, and issue any further orders deemed appropriate in the case.