Dubai-based Nigerian Bureau De Change (BDC) operator, Ismaila Mustapha aka Mompha, has filed a fundamental rights enforcement suit before the Lagos High Court to challenge his continued unlawful detention by the Economic and Financial Crimes Commission (EFCC).
In the suit he filed before the court on Thursday, November 21, 2019, Mompha alleged unlawful detention and a violation of his rights by the EFCC who has detained him beyond the constitutionally-allowed period without being charged to court.
He prayed the court to order the EFCC to either immediately charge him to court or release him if it was not ready to charge him to court.
His lawyer, Mr. Gboyega Oyewole (SAN), said his client, as a Nigerian, was entitled to the protection of his fundamental rights under sections 34, 35 and 36 of the 1999 constitution.
He said the remand order which the EFCC obtained to keep Mompha had since expired and he ought to be released.
In a 20-paragraph supporting affidavit, one Olumuyiwa Ajidagba claimed that “The applicant (Mompha) has been subjected to physical, mental and psychological torture in the underground cell of the EFCC’s detention centre.”
Mompha is claiming damages in the sum of N5million against the EFCC for what he calls, his unlawful detention. The court has yet to fix any date to hear the case.