By Onyewuchi Ojinnaka
The first Economic and Financial Crimes Commission ( EFCC) prosecution witness, Mr Eyo Bassey Francis on Tuesday told a Federal High court sitting in Lagos Nigeria that his account with Heritage bank was used by a former director with NDDC, Mr Tuoyo Omatsuli, (first defendant) to carry out some financial transactions sometime in 2014.
The Economic and Financial Crimes Commission had charged the former Director of the Niger Delta Development Commission (NDDC) Tuoyo Omatsuli, together with Francis Momoh and two companies; Don Parker Properties Ltd, and Building Associates Ltd over alleged N3.6 billion fraud.
Omatsuli, Don Parker Properties Ltd, Momoh and Building Associates Ltd are first, second, third and fourth defendants respectively.They were docked on November 28, 2018, on a 45-counts charge bordering on corruption, gratification, fraud and money laundering.
They had pleaded not guilty to the charges and were admitted to bails, having perfected the conditionsAt the commencement of trial of the defendants on Wednesday, Mr E.E Iheanacho appeared for the prosecution, while Prof. A. Aguda-Kehinde (SAN) appeared for the first defendant and Norrison Quakers (SAN) appeared for 2nd, 3rd and 4th defendants.
While being led in evidence in chief by the prosecutor Mr Iheanacho, the witness who said that he lives at No 8 New Creation Street, Lekki told the court that he is a software developer and a contractor, adding that as a software developer, he ensures that the online platform is readily available for users and as a contractor, he carties out genersl supplies across the States in Nigeria.
When asked whether he knows the first defendant (Omatsuli) he said yes.The witness (Eyo Francis Bassey) who told the court that he has executed NDDC contract in Akwa-Ibom, Imo and Abia States said that he did not know the second defendant (Don Parker properties).
He added that the 4th defendant (Building Associates) was introduced to him by the first defendant (Omatsuli).
The witness was asked by the prosecutor to cast his mind back to 2014 and tell the court what happened between him and the defendents.
Narrating what happened between him and the first defendant, Bassey said: “In 2014, while as s contractor with NDDC, I came in contact with the first defendant who during the course of our interaction understood that I run an online platform and I do a lot of imports.”
Tuoyo said because of this I will be able to source for dollars during my procurement and so during this time, he called me on phone and mentioned to me that some money will be transferred to my account and I got the initial sum of N80 million transferred to my company’s account with Heritage Bank.
My company is Asalidrren Global Consulting Limited.”When the money was paid into my account and I was able to procure dollars with it, I converted the money to dollars and disbursed it as was directed by the first defendant.”
Also in the same 2014, I had an inflow of N340 million which came in two tranches of N160 milloin and N180 million which I also procure dollars with them and handed over to Mr Tuoyo, and then gave to the executive director and MD of NDDC.
According to the witness, the siurce of the funds in 2014 was ftom Starline Consultants.Narrating further, the withness said: ” I January 2015, I also got a call from Tuoyo asking how I have been getting payment from a company called Associate Building.
“That was the first time I hear that name and I got the sum of N396,650,000 and he asked me to pay the money into the account of Greenhouse Investment which is an account that belongs to the Special Assistant, Finance to the then MD of NDDC.
“I transfered the sum of N900 million to the account and the balance to US dollars and disbursed as directed by the first defendant.”
When asked if he has had any contract or budiness relationship with company called Starline and Building Associates, he said ‘No’.
He further said that the sum of N349,000 was paid in one of his company’s Collegepro account.
He said that he knew the first defendant was deputy director, Project with NDDC.Under cross examination, counsel to first defendant Prof Kehinde (SAN) asked the witness if he has any document to show payment of money into the accounts he mentioned, the witness said ” I do not have any document.”
Counsel: Do you have any document to show that it has the name of first defendant?
Witness: “I do not have any document”
Counsel:These monies that were lodged into your accounts, in whose names were these monies lodged?
Witness: ” All the money in 2014 were transfered to Starline account”
Counsel: Did you transfer any money into the first defendant’s account?
Witness: “I dont know the first defendant’s account”
Counsel: Did you apply for contract while the first defendant was there in NDDC?
Witness: “I applied for contract when the defendant was in NDDC”
Under cross examination by Norrison Quakers (SAN) the witness stated that when he was invited by EFCC, he was presented with bank statements and asked him to explain the transactions therein.
In another question, Bassey said that his oral evidence before the court formed part of the statement he made in EFCC.
When asked about the statement of his account wherein he made the transfers, the witness said ” I dont have it. T
he statement of my account are not with me.
Meanwhle as the witness was discharged, having finished his evidence, Justice Saliu Saidu vacated the trial scheduled for Friday March 29 and adjourned the matter to April 11 and 12 for continuation of trial.
According to the charge, the defendants were alleged to have committed the offences between August 2014 and September 2015.
The first defendant was alleged to have procured the third and fourth accused (Momoh and Building Associates) to utilise a total sum of N3.6 billion paid by Starline Consultancy Services Ltd into an account operated by fourth accused.
The prosecution averred that they ought to have known that the said sums, formed part of the proceeds of their unlawful activities which includes corruption and gratification.
The offences contravene the provisions of Sections 15(1), 15(2), 15(3) and 18 of the Money Laundering Prohibition Act 2011, as amended by Act No 1 of 2012.
