The Federal High Court in Lagos has directed the Economic and Financial Crimes Commission (EFCC) to investigate the medical reports repeatedly submitted by Tuoyo Omatsuli, former Executive Director of Projects at the Niger Delta Development Commission (NDDC), which have been used to delay his trial for an alleged N3.6 billion fraud.
Presiding over the case on Tuesday, February 18, 2025, Justice Daniel Osiagor warned that if the medical claims were found to be false, a warrant of arrest would be issued against Omatsuli.
At the proceedings, lead EFCC prosecutor, Ekele Iheanacho, SAN, informed the court that the prosecution was prepared to proceed with the trial, with all witnesses present.
However, he expressed frustration over yet another medical excuse from the defendant, which prevented his arraignment.
“The court had directed us to come with all our witnesses at the last adjournment, and we are here to proceed. However, this morning, we were served with a letter — just like at the last sitting,” Iheanacho stated.
He further hinted at the possibility of summoning the Chief Medical Director who signed the reports, as the recurring pattern was impeding the case.
He also noted that the cost of transporting witnesses from Abuja and Port Harcourt was becoming burdensome and urged the court to issue an arrest warrant for Omatsuli.
However, Omatsuli’s counsel, Prof. Abiodun A-Kannike, SAN, defended his client’s absence, citing a medical report from the Delta State Hospitals Management Board.
He stated that Omatsuli was undergoing treatment and scheduled for surgery, with a repeat cardiac angiogram and magnetic resonance imaging (MRI) between February 16 and 21, 2025.
Another defence counsel, Norrsion Quakers, SAN, representing the third defendant, Momoh, expressed concern over the prolonged delay, arguing that his client’s life and business had been disrupted since the case resumed.
He urged the prosecution to amend the charges to allow the second, third, and fourth defendants to proceed with their defense separately.
After considering the arguments, Justice Osiagor declined to issue an arrest warrant but ordered an investigation into the medical claims. “If found to be false, a warrant of arrest will be issued,” he ruled.
Omatsuli, alongside Francis Momoh, Don Parker Properties Limited, and Building Associates Limited, is facing charges of conspiracy and money laundering amounting to N3,645,000,000.
The EFCC alleges that between August 2014 and September 2015, the defendants conspired to disguise the illegal origin of the funds, which were proceeds of corruption and gratification, in violation of the Money Laundering Act.
The case was later adjourned to May 19, 20, and 21, 2025, for plea and definite hearing.
