The Economic and Financial Crimes Commission (EFCC) today, urged Justice Mohammed Liman of the Federal High Court, Lagos to dismiss the ‘no case submission’, filed by alleged internet fraudster, Ismail Mustapha, alias Mompha, who is currently standing trial over alleged N32.9 billion fraud.
EFCC’s Counsel, S. I. Sulaiman, stated this in the commission’s reply to Mompha’s no case submission application filed by Mr Gboyega Oyewole (SAN) which was adopted before the court today.
While urging the court to dismiss Mompha’s no case submission, the Prosecutor, Sulaiman, said that based on the evidence adduced and exhibits tendered before the court, the prosecution have been able to link the defendants to the alleged offences, which should warrant the court to direct the accused to come into the dock and give some explanations.
He consequently urged the court dismiss the application and order Mompha to open his defence.
Mompha through his lawyer, Gbenga Oyewole (SAN) has opted to file a no- case submission, after the EFCC had called 10 witnesses who testified in a 22 count-charge against defendant and his firm, Ismalob Global Investment Limited, on the alleged fraud.
Oyewole (SAN) in urging the court to uphold his client’s no-case submission, said the prosecution has failed to link his client, Mompha, to any count of the alleged offences.
After listening to both parties, Justice Liman adjourned ruling on the application till November 18, 2020.
The EFCC had alleged in the charge that between 2015 and 2018, Mompha procured Ismalob Global Investment Limited to retain an aggregate the sum of N32.95bn in its bank account.
The commission also alleged the the defendant ought to have reasonably known that the funds formed parts of proceeds of an unlawful act; to wit: fraud.
Furthermore, the EFCC alleged that not being an authorised buyer of foreign exchange currency appointed by the CBN, Mompha negotiated several foreign exchange transactions with different individuals in the sums of N20m, N22.3m, N30m, N100m and N40.7m.
He was also accused of making cash payments of €299,000, €213,675, €273,000 to one Ahmed Sarki, said to be deceased.
These offences were said to be contrary to Section 18(c), 15(2)(d), 15(3) and Section 10 of the Money Laundering (Prohibition) Act.
The EFCC said Mompha and Ismalob Global Investment Limited also violated sections 5 and 29(1)(c) of the Foreign Exchange Monitoring and Miscellaneous (Provisions) Act Cap F34 LFN 2004.
The defendants, however, pleaded not guilty.