A little respite has come the way of Mompha as the Economic and Financial Crimes Commission (EFCC) has been ordered to return all items seized from him by a federal high court sitting in Lagos.
Justice Liman who ruled on a July 6 application filed by Mompha’s counsel, Mr Gboyega Oyewole (SAN), ordered the return of the items which include five luxury wristwatches, an apple iPod, an iPhone 8 device and a pair of sunglasses.
They are reportedly among the items found on him during his arrest last October 19, in Abuja.
The federal high court judge who noted that the prosecution has the right to seize a property during an arrest, likewise a duty to approach the court for an interim order, stated that due process must be observed and failure to do this is considered illegal. Liman further averred that the items had been with the EFCC for eight months already.
He said;
“None of these items was listed as exhibit, none of the items was listed on the charge. At this stage, there is nothing on record that the items seized is being investigated on.
“The retention of the property without compliance with due process violates the requirements of Section 29 of the Act”
“Failure to release the property is illegal. As at today, no charge has been filed regarding the items. It is too long to withhold the applicant properties.”
Mompha is standing trial alongside his company, Ismalob Global Investment Ltd, on an amended twenty two-count charge bordering on cyber fraud and money laundering to the tune of N33 billion.
Ismail Mustapha popularly known as Mompha was charged by the EFCC on 14 counts bordering on fraud, money laundering and running a foreign exchange business without the authorisation of the Central Bank of Nigeria.
He was arraigned alongside a firm, Ismalob Global Investment Ltd.
He had pleaded not guilty to the charge, and was granted bail in the sum of N100 million with one surety in like sum.
The EFCC accused Mustapha of procuring Ismalob Global Investment Ltd. and illegally retaining in its account, an aggregate sum of N32.9 billion from 2015 to 2018.
When the trial resumed on Friday, EFCC counsel, Mr Rotimi Oyedepo, called the 10th witness, Alhaji Amodu Mohammed.
The witness, who spoke partly in pidgin English, told the court that the defendant was a director of the company Ismalob.
He testified that the company had three directors including himself and one Danjuma Mohammed.
He told the court that the company also maintained an account to which Mustapha was a signatory.
According to the witness, Ismalob is a Bureau de change (BDC) company which started business in December 2015.
On whether Ismalob is a licenced BDC, he told the court that it was not licenced by the Central Bank of Nigeria.
Prosecution then referred the witness to Exhibit B62 to B101, and asked him what he knew about a transaction involving one Peter Calis.
Prosecution also asked the witness how he (Peter Calis) got the account of Ismalob (second defendant)
The witness replied that he transacted with the said Peter Calis in cash following instructions from the first defendant, Mustapha.
He also told the court that he never reported any of the said cash inflows by Peter Calis to the EFCC.
