a former Executive Director on Projects at the Niger Delta Development
Commission (NDDC), over an alleged N3.6 billion fraud. Omatsuli, along with others,
was standing trial on charges of conspiracy and money laundering before the Federal
High Court in Lagos. The EFCC closed its case after calling 16 prosecution witnesses,
and the defendants filed a no-case submission, which was initially upheld by the trial
court. However, the Court of Appeal later reversed the decision, ordering Omatsuli to
enter into his defense. The case has now been adjourned to March 22, 2024, for
re-arraignment and trial.
At the resumed hearing on Wednesday, counsel to the second defendant, Norrison Quakers,
SAN, informed the court that Omatsuli was absent because he had an appeal pending
before the Supreme Court. Quakers stated that the first defendant was not aware of
Wednesday’s hearing since he was not represented by counsel at the last proceedings.
In response, the prosecution counsel, Ekele Iheanacho, argued that the absence of the
first defendant during the hearing was not justified, as the court had previously
asked them to choose a date for arraignment. Iheanacho emphasized that there was no
stay of proceedings in the law, and the pendency of the appeal did not prevent the
proceedings at the Federal High Court from going on. Referring to Section 352 of the
Administration of the Criminal Justice Act (ACJA), Iheanacho applied for a bench
warrant against Omatsuli.
Justice Daniel Osiagor disagreed with Iheanacho’s assertion that the first defendant
was aware of the hearing, ordering that Omatsuli be put on notice.
The case was subsequently adjourned to March 22, 2024, for re-arraignment and trial.
-7 October 2024