The Economic and Financial Crimes Commission (EFCC) has been ordered to release all items seized from Ismaila Mustapha popularly known as Mompha by a federal high court sitting in Lagos.
Justice Liman who ruled on a July 6 application filed by Mompha’s counsel, Mr Gboyega Oyewole (SAN), ordered the return of the items which include five luxury wristwatches, an Apple iPod, an iPhone 8 device and a pair of sunglasses. They are reportedly among the items found on him during his arrest last October 19, in Abuja.
The federal high court judge who noted that the prosecution has the right to seize property during an arrest, likewise a duty to approach the court for an interim order, stated that due process must be observed and failure to do this is considered illegal. Liman further averred that the items had been with the EFCC for eight months already.
He 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 at today, no charge has been filed regarding the items. It is too long to withhold the applicant properties.”