Ismaila Mustapha, popularly known as Mompha, has dragged the Economic and Financial Crimes Commission (EFCC) before a Lagos Federal High Court, demanding his immediate and unconditional release, as well as the sum of N5 million as damages.
He is also asking the court for a declaration that his arrest and detention at the instance of the EFCC since August 14, 2020, is unlawful, unjustifiable, unconstitutional and a breach of his fundamental human rights as enshrined in the constitution of the Federal Republic of Nigeria, 1999 (as amended).
He also told the court that a declaration that his continuous/further detention by the EFCC, without any Justification and without being charged or of arraigned before a Court of competent jurisdiction is unconstitutional and constitutes a gross fundamental right to personal liberty and fair hearing as contained in Section 35 (4) & (5) and Section 36 of the 1999 Constitution (as amended).
Mompha also wants the court to declare that the continuous seizure and confiscation of his personal items/belongings to wit; Five Wristwatches; One Apple Airpod; One Iphone 8; and Sun glasses, earlier ordered to be released to by an Order of Court made on July, 24, 2020 in Charge No: FHC/L/413c/2019 is unlawful, unjustifiable, unconstitutional and constitutes a gross violation of the Applicant’s fundamental right to own property as contained in Section 44 of the 1999 Constitution (as amended).
He further wants the court to make an order directing the EFCC to comply with the Order of Court made on the July 24, 2020 in Charge No: FHC/L/413c/2019, by immediately releasing his personal items/belongings to him to wit; Five Wristwatches; One Apple Airpod; One Iphone 8; and Sun glasses.
Mompha also begged the court for an order of perpetual injunction restraining the EFCC or any person whatsoever acting for or on its behalf, from arresting and detaining him in relation to the subject of this suit without recourse to due process of law.
Mompha’s fundamental rights enforcement suit against the EFCC, was filed by his teams of lawyers, who include Mr. Gboyega Oyewole (SAN); Ademola Adefolaju; Kolawole Salami and three others.
The suit marked FHC/L/CS/1106/2020, according to his lawyers, was pursuant to sections 34; 35; 36; 44 and 46(1)(2) of the constitution of Federal republic of Nigeria, 1999; the African Charter on Human and Peoples’ Rights and Order 2 Rules (1)-(5) and Order six of the fundamental rights (enforcement procedure) Rule 2009 and under inherent jurisdiction of the court.
