Instagram celebrity, Ismaila Mustapha, popularly known as Mompha appears to have won the first phase of his legal battle with the Economic and Financial Crimes Commission (EFCC).
Recall that Mompha is currently facing charges bordering on money laundering.
A Federal High Court sitting in Lagos, on Friday, July 24, ordered the EFCC to return items seized from Mustapha when he was arrested.
The items which include an Apple iPod, iPhone 8, and Sunglasses were seized when Mompha was arrest in Abuja on October 19, 2019.
Justice Liman who gave the order while ruling on an application filed by Mompha’s lawyer, Gboyega Oyewole on Monday, July 6, said that the prosecution has the right to seize property during an arrest, likewise a duty to approach the court for an interim order.
However; he stated that due process must be observed and failure to do this is considered illegal; adding that the items had been with the EFCC for eight months already.
According to him, “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 of today, no charge has been filed regarding the items. It is too long to withhold the applicant properties,” the court ruled.
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