Alleged N3.6bn Fraud: Trial of former NDDC director adjourned as trial judge returns file for reassignment

Engr. Tuoyo Omatsuli

Justice Saliu Saidu sitting in Federal High Court in Lagos on Thursday informed parties in the money laundering case of N3,650,000,000 involving former Executive Director of Project, Engr. Tuoyo Omatsuli who has now been discharged,  but  his associate, Mr. Francis Momoh,  Don Parker Properties Ltd and Building Associates Ltd is still in the trial that he will be unable to continue  the trial of the case in view of the fact that he is proceeding on retirement.

The Judge made this position to the EFCC counsel, Ekele Iheanacho and Norrison Quakers SAN, counsel for the 2nd, 3rd and 4th defendants at the resumption of trial on Thursday in which the 2nd defendant, Mr. Momoh was to continue his testimony in chief.

The Judge explained that he will be unable to take the remaining testimony of the witness of the defence, adjourned for final written addresses and later deliver judgment barely within a week.

Accordingly, the judge adjourned  the matter to 22nd February 2021, with the directive that the file will be taken to the administrative Chief Judge for reassignment to another judge.

It will be recalled that the defendants were re-arraigned alongside their companies on a 52 counts charge bordering on money laundering before Hon.  Justice Saidu.

They pleaded not guilty to all the counts.

The EFCC called 16 witnesses who testified and tendered over 34 exhibits. Part of the exhibits tendered by the EFCC include a judgement of Hon. Justice (Prof) A. Obiozo, where some of the expensive properties acquired by the defendants with the alleged illicit money were finally forfeited to the Federal Government for being proceeds of unlawful activities.

At the close of the prosecution’s case,  the defendants made a no case submission which was opposed by the prosecution. On 11th November 2020, Justice Saidu upheld the no case submission of Engr. Touyo only and dismissed that others have case to answer. He, thereafter called upon the other defendants to open their defences.

Dissatisfied with the decision of the judge, both the EFCC and the other defendants appealed against the ruling of Justice Saidu to the Court of Appeal.