The Lagos State Special Offences Court, Ikeja, has discharged social media influencer, Ismaila Mustapha, popularly known as Mompha, and struck out the N6 billion money laundering charges brought against him and his company, Ismalob Global Investment Limited, by the Economic and Financial Crimes Commission (EFCC), over what it described as an abuse of judicial process and forum shopping.
Justice Mojisola Dada, in her ruling, held that the charges filed before her court constituted an abuse of court process, particularly given the pendency of a similar case involving the defendant before the Federal High Court in Lagos.
The judge also described the eighth count of the charge as an afterthought, holding that it was introduced to create a distinction between the proceedings before the Ikeja Special Offences Court and the related case pending before the Federal High Court.
Consequently, Justice Dada struck out the entire eight-count charge and discharged Mompha and his company.
The court further rejected the allegation that Mompha deliberately failed to disclose items recovered from him in his asset declaration form, holding that there was no intention on his part to conceal the items.
Justice Dada noted that although Mompha filed an asset declaration form on October 20, 2019, the items in question were subsequently disclosed in his extra-judicial statement made two days later.
The ruling followed a protracted trial that commenced on January 12, 2022, when the EFCC arraigned Mompha and his company on an eight-count charge bordering on conspiracy to launder funds allegedly obtained through unlawful activities, retention of proceeds of criminal conduct, failure to disclose assets and possession of documents containing false pretences, among other offences.
The anti-graft agency had alleged that Mompha, his company and one Ahmadu Mohammed, said to be at large, conspired in 2016 to conduct financial transactions valued at approximately N5.99 billion with the intention of promoting unlawful activities, including obtaining money by false pretences.
Mompha pleaded not guilty to the charges and proceeded to defend himself against the allegations.
During the trial, the prosecution, led by EFCC counsel, Suleiman I. Suleiman, called six witnesses and tendered several documentary exhibits in an attempt to establish its allegations against the defendants.
However, Mompha, who stopped appearing in court after being granted bail, was represented by his lawyers, Kolawole Salami and Ademola Adefolaju.
The defence did not call any witness but challenged the propriety of the prosecution, insisting that the charges constituted an abuse of court process.
The defence’s position centred on the existence of related proceedings before the Federal High Court, which it argued rendered the prosecution before the Special Offences Court improper.
In resolving the dispute, Justice Dada agreed with the objection, holding that the institution of the charges before her court, in the circumstances of the pending Federal High Court proceedings, amounted to forum shopping and an abuse of judicial process.
The judge’s criticism of the eighth count further underscored her concerns about the manner in which the prosecution was instituted.
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The ruling effectively brings the EFCC’s eight-count prosecution against Mompha and his company before the Ikeja Special Offences Court to an end.
The EFCC had prosecuted the case for more than four years, with the proceedings involving the examination of six prosecution witnesses and the tendering of documentary evidence before the court.
