By Onyewuchi Ojinnaka
A Federal High Court sitting in Lagos, on Thursday December 10 dismissed a ‘no case submission’ filed by internet celebrity, Ismaila Mustapha, alias Mompha, saying he has case to answer.
Mompha is standing trial before Justice Mohammed Liman over alleged N32.9 billion fraud.
He was arraigned alongside a firm known and called Ismalob Global Investment Ltd by the Economic and Financial Crimes Commission (EFCC) on 22 counts bordering on fraud, money laundering, running a foreign exchange business without the authorisation of the Central Bank of Nigeria and declaration of false audit report.
He had pleaded not guilty to the charges, and was granted bail in the sum of N100 million with one surety in the like sum.
The case which was fixed for ruling on a ‘no case submission’ filed by Mompha, could not hold on December 9 as scheduled and was subsequently adjourned to Thursday December 10.
In his ruling on ‘no case submission’ of the defence, Justice Liman while dismissing the application, held that from the evidence before the court given by the prosecution witnesses on various counts of the charge, a prima facie case has been established by the prosecution against the defendants.
According to the ruling, the 1st defendant has explanations to make on issues of retention of funds in Islamob account, money laundering, dealing in foreign exchange without authorization from the Central Bank of Nigeria and declaration of false audit report.
Consequently, “the no case submission’ is overruled””The defendant is hereby called upon to enter defence” the judge ordered.
“Case adjourned till March 10 for defendant to open his defence.”
Recall that Justice Mohammed Liman, had on October 14, adjourned the case for ruling, after listening to submissions by the prosecution and defence.
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 October 14, defence counsel, Mr Gboyega Oyewole, (SAN), had informed the court that he filed a ‘no case submission’ dated August 11.
Consequently, Oyewole had adopted the arguments contained in his written address in support of his argument that the prosecution had failed to establish a prima facie case against the defendant and urged the court to uphold his submission.
Responding, the EFCC Counsel, Mr Suleiman Suleiman, had asked the court to determine whether the evidence adduced by prosecution has sufficiently linked the defendant to the offences to warrant him to be called upon 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 in response, had also adopted his reply on points of law, urging the court to hold that the prosecution had failed to make out a case against the defendant.
According to 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, N100million, N61million, N40.7million, N42million, among others.
Mompha was alleged to have aided Ismalob to retain an aggregate sum of N 14billion 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.