Flamboyant Nigerian big boy Ismaila Mustapha popularly known as Mompha, has filed a fundamental rights enforcement suit against the Economic and Financial Crimes Commission (EFCC), alleging unlawful detention.
He was arrested by the EFCC in October on allegation of cybercrime and money laundering.
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In the suit he filed before the Lagos State High Court in Igbosere, Mompha is urging the court to award N5m against the EFCC for detaining him beyond the constitutionally-allowed period without being charged to court.
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 the suit without recourse to the due process of law.
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.
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Oyewole said his client was arrested on October 19 at the Nnamdi Azikiwe International Airport, Abuja by the EFCC which accused him of money laundering.
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.”
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