The trial of a former Niger Delta Development Commission (NDDC) Executive Director of Projects, Mr Tuoyo Omatsuli, for allegedly receiving N3.6billion bribe from a contractor, was on Tuesday stalled at the Federal High Court in Lagos.
The Economic and Financial Crimes Commission (EFCC) arraigned him along with Don Parker Properties Limited, Francis Momoh and Building Associates Limited before Justice Saliu Saidu on 45 counts.
It accused Omatsuli of conspiring with the others “to disguise the illegal origin of a total sum of N3,645,000,000, being proceeds of unlawful activity, to wit: corruption and gratification.”
They allegedly committed the offence between August 2014 and September 2015 in Lagos contrary to Section 18 of the Money Laundering (Prohibition) Act No. 1 of 2012 and were liable to be punished under Section 15(3) of the same Act.
The defendants pleaded not guilty.
Defence counsel Mr. Norrison Quakers (SAN) told the court on Tuesday that Momoh was yet to be released by the EFCC despite fulfilling his bail conditions.
According to him, the third defendant was granted bail due to a “serious health challenge”.
He wondered why the anti-graft failed to release him.
But, prosecuting counsel Ekene Iheanacho said Momoh was yet to meet all the bail terms.
He said EFCC was yet to get clearance from the ministry which the defendant’s surety claimed to be working in.
“It’s true that the defendant has submitted all the documents for his bail.
“We have confirmed the title documents from the Bureau of Land.
“However, we received a letter dated December 31, 2018, from the Ministry where the surety claimed to be working in.
“The ministry informed us that our letter had been forwarded to the appropriate quarter for reply.
“This we have communicated to the senior counsel,” Iheanacho said.
The prosecutor said the commission needed to verify the surety’s claim that he is a senior civil servant in the ministry before releasing Momoh.
EFCC arraigned the defendants on November 8 last year, following which they were granted bail.
The anti-graft agency had in May obtained a forfeiture order on Omatsuli’s four landed properties valued at N846.03m.
An EFCC operative, Adamu Yusuf, said Omatsuli allegedly received a bribe of N3,645,000,000 from a consultant to the NDDC, Starline Consultancy Services Limited.
He said the firm was engaged to help NDDC recover its statutory three per cent annual budgets of oil and gas producing companies in the Niger Delta.
Yusuf said it was agreed that Starline Consultancy Services would be paid 10 per cent commission on the total funds recovered.
According to the operative, Starline Consultancy Services eventually succeeded in the job and was paid N10,218,019,060.59 as its 10 per cent commission between August 22, 2014 and June 25, 2015.
Yusuf said: “Omatsuli agreed and received kickbacks to the tune of N3,645,000,000.000 from Starline Consultancy Services Limited through Building Associates Limited, whose alter ego is Francis Momoh.”
The anti-graft agency presented a table showing that Omatsuli allegedly received kickbacks 11 times from Starline Consultancy Services between August 28, 2014 and September 8, 2015.
Justice Saidu adjourned until February 11 for trial.
