Nigeria: Absence of Witness Stalls Mompha's N6 Billion Money Laundering Trial

1 November 2023

Mompha's trial was stalled due to the absence of prosecution witnesses.

The scheduled trial of the social media celebrity, Ismaila Mustapha (alias Mompha), on N6 billion money laundering charges was stalled at the Lagos State Special Offences Court in Ikeja on Wednesday.

The trial could not proceed as scheduled on Wednesday due to the absence of a prosecution witness.

Mompha himself was absent from Wednesday's proceedings.

But the trial has been making progress without him, because the judge had earlier since September 2022 ordered his trial in absentia, months after revoking his bail for skipping proceedings.

When the case was called up for hearing on Wednesday, the prosecuting counsel for the Economic and Financial Crimes Commission (EFCC), Bilikisu Buhari, informed the court that the prosecution's next witness was not in the country.

Mrs Buhari urged the court to allow the witness to give his evidence via virtual hearing.

"My lord, we are sorry our witness could not make it to court today because he is out of the country for training.

"We, however, apply that the witnesses evidence be taken virtually," she said

The defence counsel, Kolawole Salami, however, objected to the prosecution's submission.

Mr Salami argued that the prosecution had ample time to prepare and bring their witnesses.

"My lord, the prosecution had enough time to prepare and bring their witnesses only to make an application for a virtual hearing this morning without any notification.

"We ask that their oral application be dismissed," Mr Salami said.

The judge, Mojisola Dada, rejected EFCC's oral application for a virtual hearing and adjourned the case till 19 December for continuation of trial.

Previous hearings

The News Agency of Nigeria (NAN) reports that EFCC had on 18 September tendered some documents through a Federal Bureau of Investigation (FBI) agent, Ayotunde Solademi, against Mompha.

The documents were reports by the FBI and an investigative report on Mompha's iPhone which the agency claimed was used for fraudulent activities.

NAN also reports a compliance officer with Access Bank has also testified against him.

The prosecution had informed the court on 15 May that it had secured a collaboration with international partners regarding the case.

Background

The EFCC had, on 12 January 2022, arraigned him alongside his company, Ismalob Global Investment Ltd., on eight counts of money laundering involving N6 billion.

On 10 June 2022, the prosecution informed the court that Mompha was in possession of another passport aside the one submitted to the court as part of his bail conditions.

The prosecution said the defendant used the other passport in his possession to travel from Ghana to Dubai on 11 April 2022 via Emirates Airlines in violation of the court order.

Consequently, the judge, Mrs Dada, revoked the bail granted him.

The court declared him wanted and issued a bench warrant for his arrest due to his repeated absence from court.

Due to his continued absence from court and the inability of the prosecution and defence to produce him, the court, on 22 September 2022, ordered the commencement of trial of the defendant in absentia.

The charges against Mompha include conspiracy and money laundering involving proceeds of unlawful activities.

He was also accused of retention of proceeds of criminal conduct, use of property derived from an unlawful act, and failure to disclose assets.

(NAN)

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