A Federal High Court sitting in Lagos has ordered the Economic and Financial Crimes Commission (EFCC) to return luxury wristwatches and other items seized from Ismaila Mustapha, popularly known as Mompha.
The items, which include an apple iPod, iPhone 8 and Sunglasses, were reportedly seized from him during his arrest on October 19, 2019 in Abuja.
Mompha is facing charges bordering on money laundering.
The trial judge gave the order while ruling on an application filed by Mompha’s lawyer, Gboyega Oyewole on July 6.
According to the judge, the prosecution has the right to seize a property during an arrest, likewise a duty to approach the court for an interim order.
He however stated that due process must be observed and failure to do this is considered illegal.
He also noted that the items had been with the EFCC for eight months already.
He said: “None of these items was listed as exhibit, none of the items was listed on the charge. At this stage, there is nothing on record that the items seized is 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”, the court ruled.