A suspected internet fraudster, Ismaila Mustapha, popularly known as Mompha has filed a Fundamental Rights Enforcement Suit before the Lagos High Court to challenge his continued detention by the Economic and Financial Crimes Commission (EFCC).
In the application dated November 14 and brought pursuant to Section 34-36 and Section 46(1) & (2) of the 1999 Constitution, Mompha is asking the court to declare that his continued detention since October 22, on the orders of a Lagos Magistrate Court which order expired on November 4, is unlawful and constitutes a gross violation of his right to personal liberty.
He also wants the court to declare that the failure of the EFCC to charge and arraign him in court is unconstitutional.
He is therefore seeking an order of the court directing the EFCC to release him from custody, unconditionally.
He is also seeking an order of perpetual injunction restraining the EFCC or any person acting on its behalf from arresting and detaining him in relation to the subject matter of this suit without recourse to the due process of law.
Mompha is claiming damages in the sum of N5million against the EFCC for what he calls, his unlawful detention.