Date: April 10, 2026 l Reporter: Stephen
Nigeria’s Economic and Financial Crimes Commission (EFCC) has filed an appeal challenging the acquittal of a former executive director of the Niger Delta Development Commission (NDDC), Tuoyo Omatsuli, and three others over an alleged N3.6 billion fraud case.
The appeal, lodged at the Court of Appeal, seeks to overturn a judgment delivered by the Federal High Court in Lagos, which discharged and acquitted the defendants on multiple counts bordering on money laundering, conspiracy, and failure to comply with statutory financial regulations.
The anti-graft agency argued that the trial court failed to properly evaluate substantial evidence presented during the proceedings, including testimonies from at least 16 witnesses and several documentary exhibits. The EFCC maintained that there was sufficient material before the court to establish a case against the defendants.
According to the commission, the funds in question estimated at N3.6 billion were allegedly received as unlawful gratification from a contractor and later routed through proxy accounts and corporate entities in an attempt to conceal their origin.
Investigators further claimed that the money was funneled through companies, including Building Associates Limited, and used to acquire high-value assets, with portions reportedly converted into foreign currency. The EFCC also alleged that efforts were made to obscure the transactions after investigations began, including restructuring ownership records and creating backdated documents.
In its appeal, the EFCC faulted the trial judge’s conclusion that there was no evidence linking the defendants to the alleged offences. The agency argued that criminal intent could be inferred from the pattern of transactions and the steps allegedly taken to conceal the funds.
The lower court had ruled that the prosecution failed to prove the essential elements of money laundering and proceeds of unlawful activity, stating that the evidence presented did not establish culpability.
Notably, this is not the first time the defendants have been discharged in the case. They were initially cleared in 2020 after a no-case submission, but the Court of Appeal later overturned that decision and ordered a retrial, which eventually led to the recent acquittal.
With the new appeal now filed, the case is set for further legal review, as the EFCC pushes to secure a conviction and reinforce its broader anti-corruption campaign.
The development underscores ongoing legal battles in Nigeria’s fight against corruption, with authorities continuing efforts to hold public officials accountable while navigating complex judicial processes.