By Onyewuchi Ojinnaka
The defence counsel for internet wizard, Ismailia Mustapha, alias Mompha, on Friday told a Federal High Court sitting in Lagos Nigeria that he would file a ‘no case’ submission on behalf of his client.
His is standing trial before Justice Mohammed Liman over alleged N32.9 billion fraud.
The defence counsel, Mr Gboyega Oyewole (SAN), made his intention known to the court as the prosecution closed its case after calling its 10th witness.
Mompha (Mustapha) was arraigned by the Economic and Financial Crimes Commission (EFCC) alongside a business outfit, Ismalob Global Investment Ltd, on 14 counts bordering on fraud, money laundering and running a foreign exchange business without the approval of the Central Bank of Nigeria.
He had pleaded not guilty to the charges, and was granted bail in the sum of N100million with one surety in like sum.
Mustapha was accused of procuring Ismalob Global Investment Ltd and retaining in its account, an aggregate sum of N32.9billion between 2015 and 2018.
The prosecution had opened its case and called ten witnesses in evidence.
When the case was called on Friday, the prosecutor Mr Rotimi Oyedepo for EFCC called the 10th witness Alhaji Amodu Mohammed to give evidence.
While being led in evidence-in-chief by the prosecutor, the witness who spoke partly in pidgin, told the court that the first defendant is a director of the company Ismalob, which has three directors including himself and one Danjuma Mohammed.
He also said that the company maintains an account on which the first defendant is a signatory.
Amodu Mohammed said that Ismalob is a Bureau de Change (BDC) company which started business in December 2015.
On whether the said Ismalob is a licenced BDC, he told the court that the company was not licenced by the Central Bank.
The prosecution then referred the witness to exhibit B62 to B101 and asked him to tell the court what he knew about a transaction involving one Peter Calis.
Rotimi also asked the witness to explain how Peter Calis got the account of Ismalob (second defendant)
In his response, the witness said that he transacted with the said Peter Calis in cash following instructions received from the first defendant.
He. also told the court that he never reported any of the said cash inflows by Peter Calis, to the EFCC.
Under cross examination by defence counsel Mr Gboyega Oyewole (SAN) the witness informed the court that he is an uncle to the first defendant, explaining that the first defendant’s late father was his brother.
He admitted that late father of the first defendant was the founder of Mompha BDC, which was a licenced outfit.
He confirmed that until his death the father of the defendant was a successful and wealthy man, adding that the first defendant inherited and ran his father’s business outfits till date even those in Dubai.
The witness who answered most of the questions put to him by the defence in the affirmative, by saying “Yes my Lord”.
He also confirmed before the court that most customers of Mompha, dealt with him (witness) through the first defendant , because it was he (first defendant) they knew through his late father.
He confirmed that Ismalob does not deal on Jeweleries , Cars or any luxurious goods, but is only a facilitator of BDC.
After the cross examination, defence counsel informed the court that he intends to file a no case submission on behalf of the defendant as its case in response to the charge
Meanwhile, Oyewole informed the court of an application seeking an order for release of the properties of the defendant from custody of the EFCC.
The court then fixed July 24 for parties to address the court on whether the EFCC has cause to keep holding the property of defendant without an order of court.
The court adjourned matter until October 14 for defence to commence its case.
In the charge, prosecution 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 amongst others.
Mompha, was alleged to have aided Ismalob to retain an aggregate sum of N14 billion in its account, which was procured from Pitacalize Ltd. The offences contravenes the provisions of Sections 15(2) and 18(3) of the Money Laundering Prohibition Act.2011 as amended.