Justice Mojisola Dada of the Special Offences Court Sitting
in Ikeja, Lagos, on Wednesday, November 1, 2023, adjourned till December 19,
2023 further hearing in the alleged N6bn fraud trial involving Ismaila
Mustapha, also known as Mompha (now at large).
Mompha alongside his company, Ismalob Global Investment
Limited, was arraigned by the Lagos Zonal Command of the Economic and Financial
Crimes Commission, EFCC, on January 12, 2022 on eight-count charges bordering
on conspiracy to launder funds obtained through unlawful activity; retention of
proceeds of criminal conduct; laundering of funds obtained through unlawful
activity; failure to disclose assets and property; possession of documents
containing false pretence and use of property derived from unlawful act.
One of the counts reads: "Ismaila Mustapha, Ahmadu
Mohammed (at large) and Ismalob Global Investment Limited, sometime in 2016 in
Lagos, within the jurisdiction of this Honourable Court, conspired amongst
yourselves to conduct financial transactions to the tune of N5,998,884,653.18 (
Five Billion Nine Hundred and Ninety-eight Million Eight Hundred and
Eighty-four Thousand Six Hundred and Fifty-three Naira Eighteen Kobo), with the
intent of promoting the carrying on of specified unlawful activities to wit:
obtaining by false pretence."
At the last proceedings on Monday, September 18, 2023, the
EFCC, through its third prosecution witness, PW3, Ayorinde Solademi, a staff of
the Federal Bureau of Investigation, FBI, Office of Legal Attache, US
Consulate, Lagos, had tendered a report by the USA-based FBI, as well as an
investigative report on Mompha's iPhone, which the agency claimed was used for
fraudulent practices.
The defence counsel, Kolawole Salami had raised an objection
to the admissibility of the two documents, arguing that they were public
documents that were needed to be certified by the United States Consulate.
"The documents are not a certified true copy, and should
not be admitted in court," he had said.
The objection was, however, overruled by the court.
Justice Dada upheld the submission of the prosecution that
the documents were in their original state, stressing that, "the documents
do not require certification".
Under cross-examination, the witness had told the court that
the FBI's forensic operations revealed that Mompha's iPhone was used to send
account details to a United Arab Emirates telephone number; used to search for
Swift Codes of a bank, and also had a compromised Microsoft 365 account.
He further told the court that Mompha's iPhone, during
analysis, was found to have also been used to change payment delivery from
cheque to wire transfer, after a third attempt.
He said: "The iPhone was used to make three attempts to
transfer funds.
"The first two failed, but the third was
successful."
The Judge had, thereafter, adjourned till November 1, 2023
(today) for continuation of trial.
At Wednesday’s proceedings, counsel for the EFCC, Bilikisu
Buhari, informed the court that the prosecution's next witness was not in the
country.
Consequently, Justice Dada adjourned the case till Tuesday, December 19, 2023 for continuation of trial.
