The Federal High Court in Lagos, on Monday, struck out a suit filed by Internet celebrity, Ismaila Mustapha, alias Mompha, to challenge the arrest warrant issued against him by the court.
Mompha is facing trial over alleged N6 billion money laundering before an Ikeja Special Offences Court.
He is being tried before Justice Mojisola Dada, alongside his company, Ismalob Global Investment Limited, on eight counts bordering on conspiracy and laundering of N6 billion, by the Economic and Financial Crimes Commission (EFCC).
Justice Dada had granted Mompha bail in the sum of N200 million, with two sureties in like sum.
The bail conditions also required one of his sureties to own a property within the jurisdiction worth N100 million.
Ruling on an application filed by his lawyer lamenting his client’s inability to meet significant aspects of the conditions, the judge reduced the bail sum from N200 million to N25 million, but still with two sureties in like sum.
The judge also ordered, under the reviewed conditions, that one of the sureties must own a property worth N50 million in Lagos instead of N100 million worth of property earlier ordered.
The EFCC had, at the proceedings of 10 June 2022, informed the court that Mompha was in possession of another passport aside from the one submitted to the court as part of his bail conditions and that he had used the same to travel from Ghana to Dubai on 11 April 2022, via Emirates Airlines in violation of the court order.
On 12 January 2022, the commission arraigned him on eight counts of conspiracy to launder funds obtained through unlawful activity, retention of proceeds of criminal conduct, failure to disclose assets and property, possession of documents containing false pretence, and use of property derived from an unlawful act.
Consequently, Justice Dada revoked the N25 million bail variation granted to him and also issued a bench warrant for his arrest over his failure to appear in court.
The EFCC subsequently declared him wanted.
Following his continued absence from the court and the inability of the prosecution as well as the defence to produce him in court, Justice Dada on 22 September 2022, ordered that the trial would continue in absentia
Mompha, through his legal team, approached the Federal High Court seeking to vacate the arrest warrant order issued against him by the Lagos State High Court.
In his suit marked FHC/L/CS/2416/3023, his lawyers, Olufemi Oguntokun and Wale Adekola, asked the court for an order mandating the EFCC to withdraw the request for his arrest made to the ICPO-Interpol in March 2023.
The lawyers argued that the EFCC had failed and/or refused to furnish the ICPO-Interpol with specific details of the allegations against Mompha.
At the resumed hearing of the matter on Monday, neither Mompha nor his lawyers were in court, prompting the EFCC Sulaiman I. Sulaiman, to pray the court to strike out the suit for lack of diligent prosecution.
Consequently, Justice Ayokunle Faji, who presided over the matter, struck out Mompha’s suit, for lack of diligent prosecution.
