N3.6bn Fraud: Court Adjourns Trial of Former NDDC Director Omatsuli to March for Judgment

stice D.E. Osiagor of the Federal High Court in Ikoyi, Lagos, has adjourned the N3.6 billion fraud case involving former Executive Director of Projects at the Niger Delta Development Commission (NDDC), Engineer Tuoyo Omatsuli, to March 3, 2026, for judgment.

The ruling date marks a decisive point in one of the longest-running and most politically sensitive corruption cases linked to the NDDC — an agency long marred by allegations of contract racketeering, diversion of public funds, and entrenched patronage networks.

Four Defendants Face 46-Count Charge

Omatsuli is being prosecuted alongside Don Parker Properties Limited, Francis Momoh, and Building Associates Limited. The Economic and Financial Crimes Commission (EFCC) filed a 46-count amended charge against them, bordering on:

  • Conspiracy
  • Corruption
  • Receiving unlawful gratification
  • Laundering N3.645 billion allegedly sourced from NDDC-related revenue flows

All defendants pleaded not guilty, leading to a full trial that has spanned years, survived appeals, and involved extensive financial analysis and investigative testimony.

EFCC Says Evidence Is “Clear, Consistent and Corroborated”

Prosecution counsel Ekele Iheanacho (SAN) told the court that the EFCC had proven that the defendants conspired to divert public funds meant for Niger Delta development.

The prosecution tendered:

  • 16 witnesses
  • 34 exhibits, including bank records, property documents, CAC files, FX conversion records, and a prior final forfeiture order against assets linked to the defendants

Iheanacho argued that the financial flows showed a deliberate scheme in which Starline Consultancy Services, contracted by the NDDC to recover statutory levies from oil companies, paid out suspicious sums to Omatsuli and his associates.

N100bn Recovery, N10.2bn Commission — And Alleged Kickbacks

According to the EFCC:

  • Starline recovered over N100 billion for the NDDC
  • It earned N10.2 billion as commission
  • Part of those fees was “illegitimately diverted” to Omatsuli through Building Associates Limited, allegedly controlled by co-defendant Momoh

The payments, the prosecution said, were:

  • Structured
  • Layered over a two-year period
  • Converted into U.S. dollars through bureau-de-change operators
  • Delivered as cash to Omatsuli

A significant portion was allegedly used to acquire luxury real estate in Lekki and other parts of Lagos. Although the properties were recorded under Don Parker Properties Limited, investigators insisted that Omatsuli exercised control over the company.

No-Case Submission Failed at Court of Appeal

Earlier in the trial, the defendants argued that the EFCC had not linked them to any criminal wrongdoing. Their no-case submission was dismissed, and the Court of Appeal later upheld the ruling, confirming that:

The prosecution had established a prima facie case and the defendants must enter their defence.

Prosecution Says Subcontract Letter Was Backdated

Witnesses — including bank officials, NDDC officials, property vendors, FX operators, and EFCC investigators — testified that:

  • Building Associates Limited had no legitimate business with Starline or the NDDC
  • A subcontract letter was allegedly backdated to justify transfers only after investigations began

The EFCC further argued that Omatsuli was not just a senior staff member, but a key official who authorised Starline’s recovery payments, and had jointly provided “appreciation” account numbers to Starline’s managing director.

Assets Already Forfeited, Criminal Liability Pending

The prosecution reminded the court that the real estate assets and related bank funds had already been forfeited to the Federal Government through civil proceedings. However, it stressed that:

Civil forfeiture does not extinguish criminal liability.

Judgment Set for March 2026

With final addresses concluded, Justice Osiagor adjourned the matter to March 3, 2026, when the court will deliver judgment.

The case is expected to have significant implications for ongoing efforts to reform the NDDC, an agency that has faced years of criticism for mismanagement and widespread corruption.

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