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The Economic and Financial Crimes Commission (EFCC) has formally challenged the acquittal of a former Executive Director of Projects at the Niger Delta Development Commission (NDDC), Engr. Tuoyo Omatsuli, and three others over an alleged N3.6 billion fraud.
The anti-graft agency filed a notice of appeal before the Court of Appeal, Lagos Division, seeking to overturn the March 3, 2026, judgement delivered by Justice Daniel Osiagor of the Federal High Court, which discharged and acquitted all four defendants.
Those listed in the appeal alongside Omatsuli include Francis Momoh, Don Parker Properties Limited, and Building Associates Limited.
According to the EFCC, the trial court erred in its evaluation of evidence and failed to properly apply legal principles in arriving at its decision.
The Commission, through its counsel Ekene Iheanacho, SAN, raised seven grounds of appeal and is asking the appellate court to set aside the ruling.
Justice Osiagor had ruled that the prosecution did not sufficiently prove the allegations contained in the 46-count charge, despite presenting 16 witnesses and 34 exhibits during the retrial.
However, the EFCC insists that the trial judge “misconceived the law and facts,” particularly in relation to testimonies by key prosecution witnesses.
The Commission argued that evidence before the court showed that funds totalling over N3.6 billion were transferred from a contractor (PW4) to Omatsuli through an intermediary company, allegedly as gratification linked to contract payments.
“The payments were not for any legitimate purpose but constituted gratification to board members,” the EFCC stated in its appeal.
It further alleged that the funds were diverted into the acquisition of high-value properties in Lagos through a private company linked to the first defendant, rather than being used for youth-related interventions in the Niger Delta.
The agency also pointed out that the assets acquired with the funds had already been forfeited through a non-conviction-based process, a decision it said was upheld by the appellate court in a separate civil proceeding.
Legal analysts say the outcome of the appeal could clarify the interpretation of corruption-related statutes, including provisions of the ICPC Act and constitutional guidelines on public office conduct.
The case marks another high-profile legal battle in Nigeria’s ongoing anti-corruption drive, with the EFCC signalling its determination to pursue the matter to a conclusive end.
EFCC appeals ex-NDDC director’s acquittal in N3.6bn fraud case
