A Federal High Court sitting in Lagos has dismissed
the “no- case application” filed by an internet celebrity, Ismaila
Mustapha popularly known as Mompha.
Justice Mohammed Liman in his ruling on the “no-case
application” held that from the totality of the evidence and
testimonies of the prosecution witnesses, the court is convinced
that the prosecution has established a prima facie case against the
defendants which would warrant them to give an explanation.
The judge, therefore, called on Mustapha and his co-defendant to
open their defence.
Mompha and his co-defendant, Ismalob Global Investment Limited
are currently facing a 22 count criminal charge bordering on money
laundering.
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The EFCC had alleged that between 2015 and 2018, Mompha procured
the company said to be owned by him, Ismalob Global Investment
Limited to retain an aggregate of N32.95bn in its bank account.
The EFCC said he ought to have reasonably known that the funds
formed parts of proceeds of an unlawful act of fraud.
The EFCC also alleged that Mompha’s company, Ismalob Global
Investment Limited, as a designated non-financial institution,
failed to report to the EFCC within seven days huge single
lodgments and transfers of N104.8m, N135m, N20m, N150m, N22.3m,
N100m and N42m.
“Not being an authorised buyer of foreign exchange currency
appointed by the Central Bank of Nigeria, Mompha negotiated several
foreign exchange transactions with different individuals in the
sums of N20m, N22.3m, N30m, N100m, and N40.7m. And also made cash
payments of €299,000, €213,675, €273,000 to one Ahmed Sarki, said
to be deceased, the EFCC said”.
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These offences are said to be contrary to Section 18(c),
15(2)(d), 15(3), and Section 10 of the Money Laundering
(Prohibition) Act. And sections 5 and 29(1)(c) of the Foreign
Exchange Monitoring and Miscellaneous (Provisions) Act Cap F34 LFN
2004.
But Mompha and his company pleaded not guilty to the charge.
During the trial, the EFCC called 10 witnesses and tendered
several documents, which were admitted by the court.
At the end of the prosecution’s case, Mompha opted to file a
no-case application instead of opening his defence.
His Counsel, Gboyega Oyewole SAN argued that despite calling 10
witnesses and tendering a load of documents, the EFCC failed to
establish a prima facie case against Mompha and his company.
But the EFCC counsel, S.I. Suleiman, opposed the submission and
insisted that the agency had substantiated its allegations against
them.
After listening to both parties, the court adjourned for its
ruling.