The Federal High Court in Lagos,
on Friday, ordered the Economic and Financial Crimes Commission (EFCC) to release
all items seized from internet celebrity, Ismaila Mustapha aka 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.
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 had earlier released Mompha’s Air Pod and sunglasses
when the application was filed.
He said the other properties
Mompha sought were still with the commission for investigative purposes.
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.
Proceedings
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.
Mr 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.”
Mr Liman, therefore, ordered the
release and return of the items to the defendant.
The defendant also applied for
the release of his international passport, which was not opposed by the
prosecution.
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