Justice Daniel Osiagor of the Federal High Court, sitting in Ikoyi, Lagos on Tuesday, February 18, 2025 asked the Economic and Financial Crimes Commission to probe the medical reports of ill health which the Tuoyo Omatsuli, former Executive Director, Projects, Niger Delta Development Commission, NDDC has consistently presented in court to stall his arraignment and trial, adding that a warrant of arrest will be issued against him if found to be false.
At the day’s proceedings, lead prosecutor, Ekele Iheanacho, SAN had informed the court that the matter was for arraignment and trial, and that the prosecution was prepared to proceed with the businesses but was again, ambushed with the all too familiar letter of Omatsuli’s absence in court due to ill health from the defence.
“The court had directed us to come with all our witnesses at the last adjournment, and we are here to proceed as we have our witnesses present. However, this morning, we were served with a letter, and at the last sitting, a similar letter was brought,” he said.
Disturbed by the recurring development, the prosecution counsel said, “We may be compelled to ask the Chief Medical Director who signs these letters to be summoned to the court.”
He disclosed that the prosecution’s witnesses came from Abuja and Port Harcourt, being outside the jurisdiction of the court and that “the cost of the movement is heavy.” He, therefore, urged the court to issue a warrant of arrest on Omatsuli.
However, Omatsuli’s counsel, Prof. Abiodun A-Kannike, SAN, while updating the court on his client’s health status stated that, “He is still undergoing medical treatment and is scheduled for surgery vide a letter from the Delta State Hospitals Management Board.”
According to the latest medical report, signed by the Health Records Department of the General Hospital, Warri, Omatsuli is scheduled for a repeat cardiac angiogram and magnetic resonance imaging from February 16 to 21, 2025.
Norrsion Quakers, SAN, counsel for Momoh, the third defendant also expressed concern with the delay, claiming that his client’s life and business operations had been disrupted since the matter recommenced.
According to him, “The third defendant has always come to court, but his life has come to a halt because of the case. If the prosecution is finding it difficult to proceed with the first defendant, let them amend the charge to accommodate the second, third and fourth defendants, so we can have closure on this matter.”
After listening to all the submissions, Justice Osiagor declined to issue a warrant of arrest on the first defendant, but advised the prosecution to investigate the medical letters. “If found to be false, a warrant of arrest will be issued,” he said.
Omatsuli alongside Francis Momoh,
Don Parker Properties Limited and Building Associates Limited are standing trial over an alleged case of conspiracy and money laundering to the tune of N3,645,000,000 (Three Billion, Six Hundred and Forty-five Million Naira), brought against them by the Economic and Financial Crimes Commission, EFCC.
One of the charges reads: “That you, Engr. Tuoyo Omatsuli, Don Parker Properties Limited, Francis Momoh and Building Associates Limited, between August 2014 and September 2015, at Lagos, within the jurisdiction of this honourable court, conspired to disguise the illegal origin of N3,645,000,000 (Three Billion Six-Hundred and Forty-Five Million Naira), being proceeds of unlawful activity to wit: corruption and gratification and thereby committed an offence contrary to Section 18 of the Money Laundering Act 2011 as amended by Act No 1 of 2012 and punishable under Section 15 (3) of the same Act.”
The case was adjourned till May 19, 20 and 21, 2025 for plea and definite hearing.
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