Nigeria’s anti-corruption agency, the Economic and Financial Crimes Commission (EFCC), has filed an appeal challenging the acquittal of a former senior official of the Niger Delta Development Commission (NDDC) and three others over an alleged ₦3.6bn fraud.
The appeal, lodged at the Court of Appeal in Lagos on Thursday, seeks to overturn a ruling by the Federal High Court which cleared all four defendants of money laundering charges.
In March, Justice Daniel Osiagor discharged and acquitted former NDDC Executive Director of Projects, Tuoyo Omatsuli, alongside Francis Momoh and two companies, Don Parker Properties Limited and Building Associates Limited. The court held that prosecutors had failed to prove the allegations contained in a 46-count charge, despite presenting multiple witnesses and documentary evidence.
However, the EFCC argues that the trial judge did not properly assess the evidence and misapplied the law. In its filing, the agency set out seven grounds of appeal, contending that key findings from an earlier appellate ruling were overlooked.
According to the EFCC, funds totalling about ₦3.6bn were allegedly paid by a contractor to the NDDC and channelled through a third-party company to Mr Omatsuli. Prosecutors say the payments were intended as “gratification” for board members, rather than for official purposes.
The agency further claims that the money was used to acquire properties in Lagos, rather than for youth-related projects as suggested. It also noted that some of the assets linked to the case had already been forfeited through separate civil proceedings, a decision previously upheld on appeal.
The EFCC maintains that evidence presented during the trial, including witness testimonies, pointed to efforts to conceal the transactions. It argues that these were not adequately considered in the final judgment.
In a statement accompanying the appeal, the commission said the ruling “raises serious concerns about the evaluation of evidence in high-profile corruption cases” and insisted that it remains committed to ensuring accountability. It added that the appeal is aimed at “clarifying critical questions of law and reinforcing the integrity of Nigeria’s anti-corruption framework.”
There has been no immediate response from Mr Omatsuli or the other defendants regarding the latest development.
No date has yet been set for the hearing of the appeal.
