A Federal High Court sitting in Lagos, on Thursday threw out the ‘no case submission’ filed by internet celebrity, Ismaila Mustapha, aka Mompha, saying he has case to answer.
Recall that the Economic and Financial Crimes Commission (EFCC) had arraigned Mompha alongside a company called Ismalob Global Investment Ltd on 22 counts charge 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.
EFCC had accused the defendant of procuring Ismalob Global Investment Ltd company and retaining in its account, an aggregate sum of N32.9 billion between 2015 and 2018.
The anti-graft agency closed its case on July 17, after calling its 10th witness.
Thereafter, the court adjourned for the defendant to open his defence.
However, on October 14, defence counsel, Mr. Gboyega Oyewole (SAN), told the court that he had filed a ‘no case submission.’
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He 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.
In his response, the EFCC Counsel, Mr. Suleiman Suleiman, prayed the court to determine whether the evidence adduced by prosecution sufficiently linked the defendant to the offences to warrant him being called upon to open his defence and make explanations.
Ruling on Mompha’s ‘no case submission’ on Thursday, the presiding Judge, Mohammed Liman declared that from the evidence before the court presented by the prosecution witnesses on the various counts of the charge, a prima facie case has been established against the defendant.
He said the 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 ruled.
He adjourned till March 10, 2021 for the defendant to open his defence.
