The Economic and Financial Crimes Commission had on January 12 charged Mompha and his company, Ismalob Global Investment Limited, with N6bn money laundering.

The court had on March 28, ordered Mompha to submit his passport to court after his bail sum was reduced from N200m to N25m.

However, the defendant has failed to appear in court on two scheduled dates for his trial.

During proceedings on Wednesday, the judge stood down the matter for a while in expectation of the defendant’s arrival, but failed to appear in court again at resumption of court proceedings.

The EFCC lead counsel, Rotimi Oyedepo said the court should issue an arrest warrant against him.

The judge said the excuse given last time for the defendant not appearing in court was that he contacted COVID-19 which was found to be false.

Subsequently, Justice Dada revoked the defendant’s bail and ordered his arrest.

The judge adjourned the matter till June 30, 2022.

The Court also requested two sureties, one of which must own a property valued at N100 million within its jurisdiction.

Mompha was re-arrested on Friday, August 14 when he went to the EFCC office in Ikoyi, Lagos to reclaim his five wristwatches, one Apple Air pod, one iPhone 8 mobile phone and one pair of sunglasses, seized by the EFCC operatives last October. Following an application by his lawyer, Gboyega Oyewole (SAN), Justice Mohammed Liman had on July 24 ordered the EFCC to release the items to Mompha.

Mompha had gone to the EFCC to pick up his item and had barely left the EFCC premises when the operatives accosted him and took him into custody. EFCC spokesperson, Dele Oyewale, said Mompha’s re-arrest was connected to a fresh set of cyber fraud charges.

Confirming his release, his lawyer, Gboyega Oyewole (SAN), said Mompha has also withdrawn the N5 million fundamental rights suit he filed against the EFCC to challenge his re-arrest.

Mompha was re-arrested last Friday, August 14 when he went to the EFCC office in Ikoyi, Lagos to reclaim his five wristwatches, one Apple Air pod, one iPhone 8 mobile phone and one pair of sunglasses, seized by the EFCC operatives last October. Following an application by his lawyer, Gboyega Oyewole (SAN), Justice Mohammed Liman had on July 24 ordered the EFCC to release the items to Mompha.

In a suit filed before the Federal High Court Lagos by his lawyer, Gboyega Oyewole (SAN) today August 18, Mompha prayed the court to mandate the EFCC to pay him N5m for what he termed his “unlawful re-arrest and detention.” He urged the court to declare that the continued seizure of the items violated his right to own property under Section 44 of the constitution.

The court is yet to fix a date for the hearing of Mompha’s suit.

Mompha was re-arrested last Friday, August 14 when he went to the EFCC office in Ikoyi, Lagos to reclaim his five wristwatches, one Apple Air pod, one iPhone 8 mobile phone and one pair of sunglasses, seized from him by the anti-graft agency last October.

Mompha had barely left the premises of the EFCC office in Ikoyi after collecting the items on Friday when operatives of the anti-graft agency waylaid him and took him into custody.

Confirming his re-arrest, his lawyer, Oyewole said “I am filing processes tomorrow (Tuesday). They didn’t tell us why they are detaining him. They have not told us the basis for this re-arrest. As far as we are concerned, the EFCC is seeking to overreach the court because this is coming after we filed our no-case submission to the charges. When they had the opportunity to amend their charges they didn’t and they are claiming that there is a new charge.”

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 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 an exhibit, none of the items was listed on the charge. At this stage, there is nothing on record that the items seized are 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.”

The Lagos Zonal office of the Commission is prosecuting Mompha alongside his company, Ismalob Global Investment Limited on an amended 22-count charge, bordering on cyber fraud and money laundering to the tune of N33billion (Thirty-Three Billion Naira).

Mompha’s uncle, Alhaji Ahmadu Mohammed was presented as the 10th prosecution witness (Pw10). He told the court that he and one other person are directors at Ismalob Global Investment Limited, but that Mompha was the sole signatory to the account of the company, domiciled in Fidelity Bank.

The statement released by the EFCC read in part “At Friday’s proceeding, prosecution counsel, Rotimi Oyedepo invited the 10th prosecution witness (Pw10), Alhaji Ahmadu Mohammed, who is the defendant’s uncle. Ahmadu, in his evidence, told the court that he and one other person are directors at Ismalob Global Investment Limited, but that Mompha was the sole signatory to the account of the company, domiciled in Fidelity Bank. Mompha’s shares in the company, he said, are worth 600,000, while the two other directors’  are worth 200,000 each. Ahmadu also told the court that his job was to buy the Euro equivalent of the money sent to Mompha and send back in cash to the recipient, on Mompha’s directives. He also revealed that the company whose operations commenced in December 2015 is not a registered bureau de change. Ahmadu,  on cross-examination,  by the defence lawyer, Gboyega Oyewole SAN said there was no link between Ismalob Global Investment Limited and Mompha BDC, saying that the former is a separate company”

Justice Liman subsequently adjourned the case till July 24, 2020, for hearing on an application filed by Mompha, through the defence counsel for the release of his properties seized by the  EFCC.