By Jude-Ken Ojinnaka
The scheduled trial in absentia of social media celebrity, Ismaila Mustapha, a.k.a. Mompha, before an Ikeja Special Offences Court, on alleged money laundering was stalled on Wednesday because of the absence of prosecution witness.
Mompha is standing trial before Justice Mojisola Dada, alongside his company, Ismalob Global Investment Limited, on eight counts charge bordering on conspiracy and money laundering to the tune of N6 billion.
The charge was brought against him by the Economic and Financial Crimes Commission (EFCC).
At the resumed hearing of the case on Wednesday, the defendant was as usual not in court to continue with his trial.
However, the trial of Mompha in absentia could not go on because the EFCC prosecutor, Mrs. Bilikisu Buhari-Bala, informed the court that the witness she intends to call is presently out of the court’s jurisdiction.
She submitted that the witness, who is a staff of the Nigeria Financial Intelligence Unit (NFIU), is attending a three-month workshop abroad, “hence he was unable to be in court today to testify”.
In the alternative, the prosecutor sought to know from the court if the witness can testify virtually. She thereafter asked the court for an adjournment to enable her witness to testify in the matter virtually.
However, Mompha’s counsel, Kolawole Salami and Ademola Adefolaju, vehemently opposed the prosecutor’s request for adjournment.
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The defence team told the court to note that the day’s delay in the trial was caused by the prosecution, adding that since the prosecution knows that he will be applying for virtual proceedings, it ought to have applied to court since September when the matter came up.
The counsel said: “the delay today was caused by the prosecution. We are ready for today’s proceedings.
“Since the last adjournment in September, the prosecution had the opportunity to bring the application for virtual hearing but failed to do so. Also, why do they not bring other witness.
“We are strongly opposing the application for the adjournment.”
After listening to submissions from counsel, Justice Dada agreed with the defence team, and also rejected taking evidence from the witness virtually.
Justice Dada subsequently adjourned the matter till December 19, for continuation of trial, while ordered the EFCC to produce their witnesses on next adjourned date.
At the last hearing of the matter, the EFCC through its witness, Mr Ayotunde Solademi, from Federal Bureau of Investigation (FBI), tendered his agency’s two documents on the alleged charges.
The documents were report by the FBI and an investigative report on Mompha’s iPhone which the agency claims was used for the fraudulent activities.
The witness was led in evidence by EFCC counsel, Mr Suleiman Suleiman.
But the defence counsel, objected to the admissibility of the two documents in evidence, arguing that they were public documents and must first be certified by the U.S Consulate.
Justice Mojisola Dada, however, overruled him and upheld the submission of prosecution counsel, who insisted that the FBI documents were original.
The court, on September 21 ordered the commencement of trial of the defendant in absentia after he failed to appear before it.
The EFCC had, on January 22, arraigned Mustapha alongside his company, Ismalob Global Investment Limited on eight counts charge bordering on alleged laundering of N6 billion.
The court had, on June 22, issued a bench warrant for his arrest following his continuous absence in court. The judge also revoked the bail she granted the defendant. The social media celebrity was as well absent in court on June 16.
