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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