Alleged N3.6bn fraud: Court adjourns ex-NDDC boss, Omatsuli’s trial

Justice Salisu Seidu of the Federal High Court sitting in Ikoyi,
Lagos, has adjourned the N3.6 billion fraud trial involving a
former Executive Director on Projects, Niger Delta Development
Commission, NDDC, Tuoyo Omatsuli and Francis Momoh to February 11,
2019.

The defendants, who were charged along with their companies, Don
Parker Properties Limited and Building Associates Limited
respectively, were arraigned on November 10, 2018 on a 45-count
charge bordering on conspiracy and money laundering to the tune of
N3,645,000,000 (Three Billion, Six Hundred and Forty-Five Million
Naira) only.

The defendants pleaded “not guilty” to the charges preferred
against them and were subsequently granted bail on November 16,
2018 in the sum of N100 million each with two sureties in like sum.
The sureties being resident in Lagos, and one of them must be a
civil servant and a blood relation of the defendants, who must have
a landed property in Lagos with the Certificate of Occupancy. The
other surety must be a Deputy Director in any Ministry in
Lagos.

The defendants were also ordered to submit their international
passports to the court’s registrar.

Consequently, Justice Seidu adjourned to January 8, 2019 for
“commencement of trial”.

However, at today’s proceedings, the second defendant, Momoh,
who appeared in court with the first defendant, could not walk
without the aid of crutches.

His lawyer, Norrison Quakers, SAN, told the court that his
client had not enjoyed adequate medical attention because he had
been in prison with the first defendant since they were admitted to
bail on November 16, 2018.

Quakers further told the court that his client’s health had
deteriorated in prison custody and that he needed urgent medical
attention.

“My Lord, due to the state of health of my client, we are unable
to proceed.

“In view of this, I ask that today and tomorrow be vacated to
enable him to seek an urgent medical attention,” he pleaded.

Counsel to the first defendant, Atunda Kayode, SAN, also aligned
with the prayer of the counsel to the second defendant.

The prosecution counsel, Ekene Iheanacho, however, opposed the
prayers of the defence.

He told the court that the defendants were granted bail, adding
that the deterioration in the condition of the second defendant was
due to his failure to perfect his bail conditions.

“The defendant has an injury in his legs and not his ears; so,
this should not stall the proceedings,” he argued.

After listening to both parties, Justice Seidu held that the
second defendant could not stand trial due to his health
challenge.

The Judge further directed counsel to the second defendant to
ensure the perfection of his bail conditions.