“Onus probandi actori incumbit” is a Latin legal maxim which simply translates to “He who asserts must prove.” Simply put, it is a general principle that a party who brings up a particular issue is the one who has the burden of proof, it determines which party is responsible to prove an assertion made.
This There is a thin line between Mompha’s purported claim that the Economic and Financial Crimes Commission, EFCC has to call him directly to close down his social media and maintain a low profile and the truth from the Economic and Financial Crimes Commission, EFCC, that the Commission is not in the business of advising suspected internet fraudsters. As events unfold, the truth shall prevail.
To generate unnecessary attention, public sympathy for themselves, or to clear themselves from allegations against them, and for other reasons best known to them, suspects who have a case to answer or are standing trial before competent court of jurisdiction have align themselves to the EFCC. It is not just suspects and other people who have a case to answer, politicians and other highly placed people in the society too, have always wanted to align themselves to the EFCC, but as a responsible institution, the EFCC has always come out to dissociate itself from these suspects, including Mompha.
The EFCC as a public institution stands for justice, truth, integrity, equity and seek to secure the image of Nigeria in its fight against economic and financial crimes from corrupt people bent on crippling Nigeria’s economy and tarnishing its image on the international stage.
The popular Nigerian socialite and Bureau De Change operator, Ismail Mustapha alias Mompha makes wave on Daddy Freeze’s Instagram live chat some days ago when he said he was contacted by the Economic and Financial Crimes Commission, EFCC, to delete his social media page and maintain a low profile after Hushpuppi was arrested. In the live Instagram chat, Mompha said “On the day Hush was arrested, I received a lot of calls and tags from different people. EFCC had to call me directly to close down my social media and maintain a low profile.” The question here is who in the EFCC called Mompha directly to warn him? A question, even Mompha himself cannot answer during the chat.
Another question that comes to mind is why would the EFCC advice Mompha who is standing trial before Justice A. M. Liman of the federal High court, Ikoyi Lagos on a 22-count charge to maintain low profile? The answer to which the EFCC, through it spokesman, Wilson Uwajaren has given. He said “The Commission is not in the business of advising suspected internet fraudsters and it is far-fetched that it would counsel one against whom it has pending criminal charge in court.”
The EFCC Establishment Act mandates the EFCC to combat financial and economic crimes. The Commission is empowered to prevent, investigate, prosecute and penalise economic and financial crimes and is charged with the responsibility of enforcing the provisions of other laws and regulations relating to economic and financial crimes. This is to justify the EFCC’s Stand that “it is not in the business of advising suspected internet fraudsters.” Truth is, if Mompha is seeking for advice of this nature, he should contact his lawyers, experts and professionals.
Mompha who is facing prosecution alongside his company, Ismalob Global Investment Limited by the same EFCC he claimed had call him directly should concentrate on defending himself from the 22-count charge levelled against him. He should be making effort to enter his defence on the allegations of fraud, failure to report transactions to the EFCC as required by law, negotiating foreign exchange without license and engaging in foreign exchange transaction other than through official foreign exchange market transaction instead of seeking unnecessary attention and trying to drag the EFCC in the mud.
ABBAS ABUBAKAR UMAR
JABI, ABUJA.
[email protected]
