Lukman Olabiyi
A renowned Social Media celebrity, Ismaila Mustapha, popularly known as Mompha who was recently arrested by the Economic and Financial Crimes Commission (EFCC) for an alleged involvement in internet-related fraud and money laundering, has sued the commission for unlaw detention.
The detainee, according to EFCC, who is a customer of one of the popular international airlines, was arrested on Friday, October 18, at the Nnamdi Azikiwe International Airport, Abuja on his way to Dubai following a series of intelligence reports received by the commission.
However, in a bid to regain his freedom, Mompha dragged the commission before the Lagos State High Court, demanding the sum of N5 million as damages from EFCC, for detaining him beyond the constitutionally-stipulated days.
Mustapha, has instituted a fundamental rights enforcement suit before a High Clurt of Lagos State, against the Economic and Financial Crimes Commission (EFCC) for detaining him beyond the constitutionally stipulated days.
The suit was Instituted on his behalf by Mr. Gboyega Oyewole (SAN), Ademola Adefolaju, Kolawole Salami and four others,
He is also seeking a court order directing the EFCC to release him unconditionally forthwith from its custody. And an order of perpetual injunction restraining the anti-graft agency or any person whatsoever acting for or on behalf of the agency from arresting and detaining him in relation to the subject of the suit without recourse to due process of law.
He is also seeking a court declaration that his continuous and further detention by the EFCC on the basis of the remand order granted on October 22, 2019, by the State Magistrate Court, Lagos State, which had elapsed or expired on November 4, 2019, without being charged and arraigned before a court of competent jurisdiction is unlawful, unjustifiable, unconstitutional and constitute gross violation of his fundamental rights to personal liberty and fair hearing as contained in section 35 (4) (5) and 36 of the 1999 Constitution (as amended.
The grounds for the application, according to the lawyers to the detainee is that their client is a Nigerian and entitled to fundamental rights as enshrined in Sections 34, 35 and 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) .
Also, the applicant in a 20 paragraph-affidavit, deposed to by Olumuyiwa A. Ajidagba, a lawyer, averred that in spite of the remand order of the magistrate court of Lagos, granting the EFCC to detain their client for 14 days pending investigation and arraignment, he had now been in the EFCC detention and custody for over 26 days unlawfully, as the order detaining him had expired since November 4.
Olumuyiwa also stated that the applicant had suffered and been subjected to physical, mental and psychological torture in the underground cell at the EFCC’s detention centre.
The deponent further averred that unless the court grants the applicant’s prayers as sought on the motion paper, his fundamental rights to liberty and fair hearing will continued to be infringed and trampled upon by the EFCC in clear violation of 1999 Constitution (as amended)
No date has been fixed for hearing of the suit as it is yet to be assigned to any judge.