By Onyewuchi Ojinnaka
Justice Mohammed Liman of a Federal High Court sitting in Lagos, Nigeria on Wednesday, reserved ruling till November 18 after parties argued and adopted their processes before the court on a ‘no case submission’ filed by internet celebrity, Ismaila Mustapha alias Mompha, who is standing trial over alleged N32.9billion fraud.
Mompha is charged by the Economic and Financial Crimes Commission (EFCC) on 14 counts bordering on fraud, money laundering and running a foreign exchange business without the authorisation of the Central Bank of Nigeria.
He was arraigned alongside a firm, Ismalob Global Investment Ltd.
He had pleaded not guilty to the charges, and was granted bail in the sum of N100million with one surety in like sum.
EFCC had accused the defendant of procuring Ismalob Global Investment Ltd and retaining in its account, an aggregate sum of N32.9billion between 2015 and 2018.
The prosecution closed its case on July 17, after calling its 10th witness, while the court had adjourned for defence .
On Wednesday, defence counsel Mr Gboyega Oyewole (SAN) informed the court of a ‘no case submission’ of the defendant and told the court that he filed a written address on August 11, while the prosecution only served them with their processes yesterday (Tuesday)morning.
He said that inspite of the service on Tuesday, the defence is still able to file a reply on points of law.
Consequently, Oyewole adopted the processes contained in his written address in support of his argument, contending that the prosecution had failed to establish a prima facie case against the defendant.
He urged the court to so hold.
Responding, the prosecutior, Mr Suleiman Suleiman, also informed the court of his processes dated October 9 and filed on October 13, adding that it had formulated issues for determination.
Among issues formulated, the prosecution asked the court to determine whether the evidences adduced by prosecution has sufficiently linked the defendant to the offences to warrant him to be called on to open his defence and make explanations.
He also adopted his submissions and urged the court to call upon the defendant to enter his defence.
Defence counsel on his part, also adopted his reply on points of law by urging the court to hold that the prosecution has failed to make out a case against the defendant.
After listening to submissions of counsel, Justice Mohammed Liman adjourned the case until November 18 for ruling.
During trial the prosecution called eight witnesses. In the charge, EFCC alleged that Mompha laundered the sum of N32.9billion through Ismalob Global Investment Ltd, between 2015 and 2018.
Both defendants, were alleged to have negotiated foreign exchange transactions in various sums like N9.4million, N20 million, N10.4 million, N2.4million, N100 million, N61million, N40.7million, N42million among others.
Mompha, was alleged to have aided the Ismalob to retain an aggregate sum of N 14 billion in its account, which was procured from one Pitacalize Ltd.
The offences contravene the provisions of Sections 15(2) and 18(3) of the Money Laundering Prohibition Act.2011 as amended.
