Court Orders EFCC to Probe Omatsuli’s Medical Claims in NDDC’s N3.6bn Fraud Case

The Federal High Court in Lagos has directed the Economic and Financial Crimes Commission (EFCC) to investigate the medical reports submitted by Tuoyo Omatsuli, the former Executive Director of Projects at the Niger Delta Development Commission (NDDC), to delay his trial over an alleged N3.6 billion fraud.

Presiding over the case on Tuesday, Justice Daniel Osiagor expressed concern over the repeated medical excuses presented by Omatsuli, warning that if these claims were found to be false, a warrant for his arrest would be issued.

The EFCC prosecutor, Ekele Iheanacho, SAN, informed the court that the prosecution was ready to move forward with the trial, with all witnesses present. However, he expressed frustration over another medical excuse from Omatsuli, which had led to yet another adjournment. “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 said.

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He further stated that the continuous delays were becoming burdensome, noting that the cost of transporting witnesses from Abuja and Port Harcourt had added significant pressure on the prosecution. Iheanacho suggested that the court might need to summon the Chief Medical Director who had signed the medical reports, as the ongoing delays were hindering the case’s progress. He also called for an arrest warrant to be issued against Omatsuli.

In response, Omatsuli’s counsel, Prof. Abiodun A-Kannike, SAN, defended his client’s absence, presenting a medical report from the Delta State Hospitals Management Board. A-Kannike explained that Omatsuli was undergoing treatment and was scheduled for surgery, including a repeat cardiac angiogram and MRI between February 16 and 21, 2025.

Norrsion Quakers, SAN, representing the third defendant, Momoh, also expressed frustration over the delays, arguing that the prolonged proceedings had severely disrupted his client’s life and business. He urged the prosecution to amend the charges to allow the second, third, and fourth defendants to proceed with their defense separately.

After hearing all parties, Justice Osiagor declined to issue an arrest warrant but ordered the EFCC to investigate Omatsuli’s medical claims. “If found to be false, a warrant of arrest will be issued,” the judge ruled.

Omatsuli, along with Francis Momoh, Don Parker Properties Limited, and Building Associates Limited, faces 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 launder the proceeds of corruption and gratification, violating the Money Laundering Act.

The case has been adjourned to May 19, 20, and 21, 2025, for plea and definite hearing.