The Economic and Financial Crimes Commission (EFCC) has filed an appeal against the acquittal of Tuoyo Omatsuli, a former executive director of projects at the Niger Delta Development Commission, in an alleged N3.6 billion money laundering case.
The appeal, filed at the Court of Appeal in Lagos, also names Francis Momoh, Don Parker Properties Limited and Building Associates Limited as respondents.
The case followed a judgment by Daniel Osiagor of the Federal High Court in Lagos, who discharged and acquitted the defendants on 46 counts of money laundering, conspiracy and failure to comply with reporting obligations.
In its notice of appeal, the EFCC said the trial court did not properly assess the evidence presented, including testimonies from 16 witnesses and documents tendered during the trial.
The commission also stated that the court did not follow earlier rulings of the Court of Appeal in the case, particularly on the issue of no-case submission, where a prima facie case was said to have been established.
According to the EFCC, the trial judge was wrong to hold that there was no evidence linking the defendants to the alleged offences.
The commission said the N3.645 billion traced to Tuoyo Omatsuli was paid by a contractor and not a legitimate transaction.
It is alleged that the funds were given as appreciation to members of the NDDC board and later moved through companies and other accounts.
The EFCC said the money was used to acquire properties and converted into foreign currency.
It also alleged that steps were taken to conceal the transactions, including changes in company ownership and the creation of backdated documents.
The commission said criminal intent can be inferred from the pattern of transactions and actions taken after investigations began.
It asked the appellate court to set aside the judgment and enter a conviction against the defendants.
In the earlier ruling, the trial court held that the prosecution did not prove the charges. The judge said there was no evidence to support the claim of unlawful activity.
The defendants were first discharged in 2020 after a no-case submission was upheld. The Court of Appeal later set aside that decision and ordered the trial to continue.
After a retrial, the court again discharged and acquitted the defendants in March.
