Court Faults EFCC Over Parallel Cases, Discharges Mompha
Kehinde Adeleye
An Ikeja Special Offences Court has discharged popular social media personality Ismaila Mustapha, better known as Mompha, and struck out all eight charges of alleged money laundering involving about N6bn brought against him by the Economic and Financial Crimes Commission (EFCC).
The presiding judge, Justice Mojisola Dada, delivered the ruling on Tuesday, holding that the continued prosecution of the case amounted to an abuse of court process because a similar matter involving Mompha was already pending before the Federal High Court in Lagos.
Justice Dada faulted the EFCC for pursuing the same allegations in two different courts, describing the action as forum shopping. She consequently struck out all eight counts and discharged the social media personality.
The EFCC had arraigned Mompha and his company, Ismalob Global Investment Limited, on January 12, 2022, over allegations of money laundering and other financial offences.
The charges bordered on conspiracy to launder proceeds suspected to have been generated through unlawful activities, retaining and laundering proceeds of crime, failure to declare assets, possession of documents containing false pretences and the use of properties allegedly acquired through illegal activities.
The commission accused Mompha, alongside one Ahmadu Mohammed, who is currently at large, and his company of conspiring in 2016 to conduct financial transactions worth about N6bn to facilitate unlawful activities, including obtaining money by false pretences.
Mompha had pleaded not guilty to the allegations and was subsequently tried in absentia.
During the proceedings, the prosecution, led by Suleiman Suleiman, called six witnesses and presented several documentary exhibits in support of its case.
The defence, however, did not call any witness to challenge the evidence presented by the prosecution.
Mompha was reportedly granted bail on the condition that he surrendered his international passport but later stopped appearing in court.
On April 28, Justice Dada had closed the defence’s case after Mompha’s lawyer, Kolawole Salami, from the law firm of Gboyega Oyewole, SAN, failed to produce witnesses.
Tuesday’s ruling brings the proceedings against Mompha at the Ikeja Special Offences Court to an end. However, his discharge followed the court’s finding that a similar case was already pending before the Federal High Court in Lagos.
The decision was therefore based on the issue of abuse of court process and does not amount to a determination of the allegations on their merits.
