Federal High Court in Lagos, has on Friday, ordered the Economic and Financial Crimes Commission (EFCC) to release all items seized from socialite, Ismaila Mustapha better known as Mompha.
The items include five luxury wristwatches, an Apple iPod, an iPhone 8 device, and a pair of sunglasses, which were among other items found on him when he was arrested on October 19, 2019, in Abuja.
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Justice Mohammed Liman made the order while ruling on a July 6 application filed by Mompha’s counsel, Gboyega Oyewole.
EFCC’s counsel, Rotimi Oyedepo, had told the judge that it earlier released Mompha’s Air Pod and sunglasses when the application was filed.
He said other properties Mompha sought were still with the commission for investigative purposes.
At the ruling on Friday, Justice Liman noted that although the prosecution has the right to seize property during an arrest, likewise a duty to approach the court for an interim order, due process must be observed and failure to do this is considered illegal.
He noted further that the items had been with the EFCC for eight months already.
Liman 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 of today, no charge has been file regards the items. It is too long to withhold the applicant’s properties.
He, therefore, ordered the release and return of the items to the defendant.
Mompha is standing trial alongside his company, Ismalob Global Investment Ltd, on an amended twenty two-count charge bordering on cyber fraud and money laundering to the tune of N33 billion.
