Tunde Bakare
Justice Mojisola Dada of the Special Offences Court sitting in Ikeja, Lagos, on Monday, February 23, 2023, frowned at the “delay tactics” being employed by Ismaila Mustapha, who is being prosecuted for an alleged N6bn money laundering, through his lawyer, Kolawole Salami
The Economic and Financial Crimes Commission, EFCC, Lagos Zonal Directorate 1, Ikoyi, Lagos arraigned Mustapha, also known as Mompha, and his company, Ismalob Global Investment Limited, on January 12, 2022, on an eight-count charge bordering on conspiracy to launder funds obtained through unlawful activities, retention of proceeds of criminal conduct, failure to disclose assets, and possession of documents containing false pretences.
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.”
Mompha pleaded “not guilty” to the charge, thereby leading to his full trial.
During the trial, the prosecution counsel, S. I. Suleiman called five witnesses and tendered several documents, which were all admitted in evidence against the defendants, before closing its case.
The defence, thereafter, filed a no-case submission, arguing that no evidence linked the defendants to the alleged offences.
In her ruling on November 4, 2025, Justice Dada held that the prosecution had established a prima facie case against the defendants, dismissed the no-case submission, and ordered them to open their defence.
At the resumed sitting on Monday, defence counsel, Salami, informed the court that the defendants had filed an application seeking leave of the court to appeal the court’s ruling delivered on November 4, 2025, which dismissed their no-case submission in the ongoing alleged money laundering trial.
Salami stated that the defendants, being dissatisfied with the High Court’s decision, are seeking leave to challenge the ruling of the Court.
According to him, the defendants believe that no prima facie case was established by the prosecution to warrant them entering a defence, expressing confidence that the appellate court would uphold their no-case submission and overturn the lower court’s decision.
He added that the defendants were committed to prosecuting the appeal diligently and urged the court to grant the reliefs sought in the interest of justice.
Responding, the prosecution counsel, Suleiman, told the court that the case was scheduled for the defence to open its case.
He also stated that he was unaware of the defence’s application and opposed it, urging the court to direct the defendants to proceed with their defence.
“The case has been ongoing since 2021, and adjourned since 2025 for defence to his case. They had ample time to prepare for defence, but coming to court with such an application today is not proper.”
Salami, in response, maintained that the application to appeal the ruling on the no-case submission had been filed and served on the prosecution since November 26, 2025.
Justice Dada directed the defence to proceed with his case, noting that filing an appeal is the constitutional rights of the defendants and that the application could be addressed after the day’s proceedings.
“You are aware of today’s proceedings. You have the right to appeal; it is your constitutional right,” the judge said.
However, defence counsel informed the court that he was unable to produce his witness, explaining that the witness was unaware of the hearing date and was currently outside the court’s jurisdiction.
He, therefore, prayed the court for another adjournment, assuring that the witness would be present at the next sitting.
Justice Dada, consequently, warned that the court would not tolerate any delay tactics and described the adjournment as the “last indulgence.”
The matter was adjourned till April 28, 2026, for the continuation of trial.