Hope of the popular internet celebrity, Ismaila Mustapha, a.k.a. Mompha, of getting the arrest warrant issued against him, today, hit the rock, as his suit against the Economic and Financial Crimes Commission (EFCC) to vacate the order was struck out by a Lagos Federal High Court, today.
Justice Ayokunle Faji, who presided over the court, struck out Mompha’s suit, for lack of diligent prosecution.
Mompha, who currently resides in Mirdiff, Dubai, United Arab Emirates (“UAE”), in his suit marked FHC/L/CS/2416/3023, filed by his lawyers, Olufemi Oguntokun and Wale Michael Adekola, had asked the court for an order mandating the EFCC to withdraw the request for his arrest made to the ICPO-INTERPOL in March 2023, given that the EFCC has failed and/or refused to furnish the ICPO-INTERPOL with specific details of the allegations against him.
He stated that his process before the court is pursuant to Order 26 Rule 1 of the Federal High Court (Civil Procedure) Rules and the court’s inherent jurisdiction
However, at the resumed hearing of the matter today, the applicant, Mompha was not in court neither was he represented by any lawyer.
But the lawyer to the EFCC, Mr. Sulaiman I. Sulaiman, urged the court to strike out the suit for lack of diligent prosecution.
In urging the court to strike out the suit Sulaiman informed the court that neither the applicant nor his legal representative has been in court to prosecute the suit since it was filed in 2023.
He therefore urged the court to strike out the suit for lack of diligent prosecution.
Justice Faji, after hearing Sulaiman’s submission after perusing the court record, and after citing plethoras of authorities, acceded to the EFCC lawyer’s request and struck out the suit for lack of diligent prosecution.
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