General
N3.7bn Case: EFCC Begs Court for Ex-NDDC Project Director’s Arrest
By Adedapo Adesanya
The Economic and Financial Crimes Commission (EFCC) is seeking the arrest of a former Executive Director on Projects for the Niger Delta Development Commission (NDDC), Mr Tuoyo Omatsuli, to attend his trial over an alleged N3.6 billion fraud.
The anti-graft body asked the Federal High Court sitting in Lagos to issue a warrant of arrest to compel Mr Omatsuli, who was facing the trial alongside his acquaintances, Mr Francis Momoh, Don Parker Properties Limited, and Building Associates Limited.
The respondents were initially standing trial on an alleged case of conspiracy and money laundering to the tune of N3.645 billion before retired Justice Saliu Saidu of the Federal High Court, Ikoyi, Lagos.
“That you, Engr Tuoyo Omatsuli, Don Parker Properties Limited, Francis Momoh, and Building Associates Limited, between August 2014 and September 2015 at Lagos, within the jurisdiction of this Honourable Court, conspired to disguise the illegal origin of N3,645,000,000 being proceeds of unlawful activity to wit: corruption and gratification; and thereby committed an offence contrary to Section 18 of the Money Laundering Act 2011 as amended by Act No 1 of 2012 and punishable under Section 15 (3) of the same Act,” one of the counts read.
“That you, Engr Tuoyo Omatsuli, between August 2014 and September 2015 at Lagos, within the jurisdiction of this Honourable Court, did procure Francis Momoh and Building Associates Limited to use the total sum of N3,645,000,000 paid by Starline Consultancy Services into the Diamond Bank Plc Account No. 0023785116 operated by Building Associate Ltd, when you reasonably ought to have known that the said sum formed part of the proceeds of your unlawful activity to wit: Corruption and Gratification; and you thereby committed an offence contrary to Section 18 of the Money Laundering Act 2011 as amended by Act No 1 of 2012 and punishable under Section 15 (3) of the same Act,” another count read.
They pleaded not guilty to the charges preferred against them.
The EFCC, after calling 16 prosecution witnesses, subsequently closed its case against the defendants. However, rather than open their defence, the defendants filed a no-case submission, which was heard on October 12, 2020.
In his ruling on November 11, 2020, Justice Saidu discharged the first defendant, Omatsuli, saying, “I have gone through the charge preferred against the defendants as well as the evidence of all the 16 prosecution witnesses and I found no reason for the first defendant to enter the defence.”
Consequently, the EFCC vowed to appeal the discharge of the former NDCC boss.
On April 13, 2022, a three-man panel of the Court of Appeal, Lagos Division, upheld the appeal of the EFCC and dismissed the ruling of the trial court.
The judgment delivered by Justice Festus Obande Ogbuinya held that the ruling of the lower court dated November 11, 2020, discharging the respondent, Omatsuli, of the money laundering charges “is hereby set aside and he shall enter into his defence accordingly on the same counts.”
The Appellate Court, however, discharged Omatsuli on counts 27, 28, and 29 of the charge. In the course of the trial, Justice Saidu retired, and the matter was subsequently re-assigned to Justice Osiagor.
However, at the resumed sitting yesterday, Counsel to the 2nd defendant, Mr Norrison Quakers, a Senior Advocate of Nigeria, informed the court that Mr Omatsuli was absent in court because he had an appeal pending before the Supreme Court.
“The first defendant is on appeal at the Supreme Court. A no-case submission filed by the 1st defendant before the Federal High Court was upheld and EFCC appealed the decision. This decision was, however, reversed at the Appellate court and the no-case submission was dismissed. The defendants were ordered to enter into their defence. Dissatisfied with the ruling of the Appeal Court, the 1st defendant appealed to the Supreme Court and the matter is yet to be determined”, he said.
He also told the court that the 1st defendant was not aware of the hearing because he was not represented by a counsel at the last proceedings.
Responding, prosecution counsel, Mr Ekele Iheanacho, said: “At the previous sitting, sometime in November 2023, the matter came up for arraignment, and a counsel appeared on behalf of the 1st defendant. The court then asked us to choose a date for arraignment. On that basis, I didn’t ask for a bench warrant against the defendant.”
He further told the court that “There is no stay of proceedings in the law, according to the Administration of the Criminal Justice Act, ACJA. The pendency of the appeal does not prevent the proceedings at the Federal High Court from going on.” While referring to S352 of the ACJA, Iheanacho, therefore, applied for a bench warrant against Omatsuli.
Justice Daniel Osiagor disagreed with Iheanacho that the 1st defendant was aware of today’s hearing and, therefore, ordered that he be put on notice.
The case was adjourned to March 22, 2024, for re-arraignment and trial.
By Adedapo Adesanya
The Supreme Court has upheld the power of the President to declare a state of emergency in any state to prevent a breakdown of law and order or degeneration into a state of chaos or anarchy.
In a split decision of six-to-one, the apex court held that the President, during a state of emergency, can suspend elected officials, but within a limited period.
In the lead majority judgment, Justice Mohammed Idris held that Section 305 of the Constitution empowers the President to deploy extraordinary measures to restore normalcy where emergency rule is declared.
Justice Mohammed Idris noted Section 305 was not specific on the nature of the extraordinary measures, thereby granting the President the discretion on how to go about it.
The judgment was on the suit filed by Adamawa State and 10 other Peoples Democratic Party-led states challenging the propriety of the state of emergency declared by President Bola Tinubu in Rivers State, during which elected state officials, including Governor Siminalayi Fubara, were suspended for six months.
On March 18, President Tinubu declared a state of emergency in Rivers State following a reported attack on crude oil pipelines; and in the same breath, suspended the sitting governor and his deputy, Mrs Ngozi Odu. He then put in place a sole administrator.
This was challenged at the apex court by some states.
Justice Idris, in the earlier part of the judgment, upheld the preliminary objections raised by the two defendants against the competence of the suit.
In upholding the objections raised by the Attorney General of the Federation (AGF) and the National Assembly (the defendants), Justice Idris held that the plaintiffs (the 11 PDP states) failed to establish any cause of action capable of activating the original jurisdiction of the apex court.
He struck out the suit for want of jurisdiction, proceeded to also determine the case on the merits, and dismissed it.
However, Justice Obande Ogbuinya dissented and held that the case succeeded in part.
Among others, Justice Ogbuinya held that although the President could declare a state of emergency, he cannot use such powers as a tool to suspend elected state officials, including governors, deputy governors, and members of parliament.
By Adedapo Adesanya
High-impact sectors, including agriculture, wholesale and retail, will see double digit increases with the integration of artificial intelligence (AI) across Africa by 2035.
This is according to a new report by the African Development Bank (AfDB) developed under the G20 Digital Transformation Working Group, Africa’s AI Productivity Gain: Pathways to Labour Efficiency, Economic Growth and Inclusive Transformation, which establishes a strategic roadmap for unlocking the economic and social potential of AI across the continent.
The study, carried out by consulting firm Bazara Tech, finds that inclusive AI deployment could generate up to $1 trillion in additional GDP by 2035 equivalent to nearly one-third of the continent’s current economic output.
The report added that this is underpinned by Africa’s growing digital capacity, favorable demographics, and ongoing sectoral reforms, making it one of the most promising regions for AI-driven growth globally.
According to the report the AI dividend is expected to be concentrated in select high-impact sectors, rather than spread evenly across Africa’s economy. Analysis identified five priority sectors—agriculture (20 per cent), wholesale and retail (14 per cent), manufacturing and Industry 4.0 (9 per cent), finance and inclusion (8 per cent), and health and life sciences (7 per cent)—which together are projected to capture 58 per cent of the total AI gains, or approximately $580 billion by 2035. These sectors combine economic size, readiness to adopt AI, and strong potential to deliver inclusive development outcomes.
“We have set out the key actions in this report, identifying the areas where initial implementation should be focused,” said Mr Nicholas Williams, Manager of the ICT Operations Division at AfDB.
“The bank is ready to release investment to support these actions. We expect the private sector and the government to utilize this investment to ensure we achieve the identified productivity gains and create quality jobs,” he added.
The report also revealed that realising the potential of AI depends on five interlinked enablers: data, compute, skills, trust, and capital. Reliable and interoperable data forms the foundation for AI insights, while scalable compute infrastructure ensures solutions can be deployed efficiently across the continent.
It noted that a skilled workforce is essential to develop, implement, and maintain AI systems, and trust built through governance, and regulatory frameworks underpins adoption.
The report also noted that the enablers, together with adequate capital investment to de-risk innovation and accelerate deployment, would “foster a cycle of AI-driven growth.”
The report also outlines a three-phase roadmap toward Africa’s AI readiness: ignition (2025-27), consolidation (2028-31) and scale (2032-35).
“Achieving early milestones by 2026 will set Africa’s AI flywheel in motion,” said Mr Ousmane Fall, Director of Industrial and Trade Development at the bank. “Africa’s challenge is no longer what to do — it is doing it on time.”
By Adedapo Adesanya
The Nigerian Maritime Administration and Safety Agency (NIMASA) has clarified that the crude oil vessel, MV Skipper, intercepted by the United States Coast Guard, in collaboration with the US Navy for its alleged involvement in crude oil theft and other transnational crimes is not registered in Nigeria.
NIMASA said the Very Large Crude Carrier (VLCC) SKIPPER with IMO Number 9304667 is not a Nigerian-flagged vessel, and its purported owners, Thomarose Global Ventures Limited, are not registered with NIMASA as a shipping company.
An analysis of the vessel’s movement carried out NIMASA through its Command, Control, Communication, Computers and Intelligence (C4i) Centre showed that the facility was last sighted on Nigerian waters on July 1, 2024.
“After departing Nigerian waters, the vessel continued on its international voyage pattern and was tracked operating in the Arabian Sea (Asia) and later in the Caribbean region, where the US interdiction eventually took place.
“Records indicate that SKIPPER, which was formerly owned by Triton Navigation Corp, has undergone multiple name changes over time.
The Director General of NIMASA, Mr Dayo Mobereola, reaffirmed the agency’s commitment to collaborate with all relevant stakeholders, including US authorities, in the ongoing investigations, noting that in a statement that criminality will not be tolerated on Nigerian waters.
Last week, US forces seized an oil tanker carrying a Panama flag believed to be the VLCC Skipper, after satellite imagery showed the vessel secretly loading over 1.8 million barrels of sanctioned Merey crude at Venezuela’s José Terminal.
The vessel had been transmitting falsified AIS positions during the operation, a tactic increasingly used by “dark fleet” tankers tied to Venezuelan and Iranian trades. It was later revealed that the seized tanker Skipper, was carrying crude contracted by Cubametales, Cuba’s state-run oil trading firm.
The seizure of the sanctioned oil tanker has sharply escalated tensions between the US and Venezuela. The US government also said it is preparing to intercept more ships transporting Venezuelan oil.
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