The order prohibiting the Department of State Services from arresting Yoruba Nation activist Chief Sunday Adeyemo aka Sunday Igboho, issued by an Oyo State High Court in Ibadan, has been extended.
Justice Ladiran Akintola, who issued the order on August 4 at the resumed hearing yesterday, also awarded N50,000 in costs to the Attorney General of the Federal Republic, Abubakar Malami (SAN), who is the first respondent in Igboho’s lawsuit.
He was fined for filing his response to Igboho’s lawsuit after the deadline had passed.
Igboho, who had beefed up his legal team with two more Senior Advocates of Nigeria: Adekola Olawoye and Oladipo Olasope, had requested a cost of N250,000 against Malami, but the court only granted N50,000.
The AGF, who was represented in court on Wednesday by Abdullahi Abubakar, prayed for the restraining order to be lifted.
He also asked the court to dismiss Igboho’s case because the court lacked jurisdiction to hear the case.
T. A. Nurudeen, Counsel for the DSS, and T. A. Nurudeen, State Director of the DSS, are the second and third respondents who support Malami’s position.
In a notice of preliminary objection to the suit filed by Igboho through his counsel, Chief Yomi Alliyu, the AGF made the request (SAN).
Malami argued in his preliminary objection that Igboho’s claims of unlawful killing, trespassing, assault, and battery could not be brought under the Fundamental Rights (Enforcement Procedure) Rules 2009.
He also stated that affidavit evidence could not resolve claims for damages for invasion of privacy, unlawful killing, trespass, assault, battery, and discrimination and secessionist allegations without calling witnesses, tendering documents, and possibly visiting the scene.
The DSS had the right to block Igboho’s accounts, according to Malami, but the action could only be challenged before a Federal High Court under Section 251 (r) of the 1999 Constitution (As Amended).
The decision on Malami’s application has been postponed until August 30 by Justice Akintola.
On July 1, the DSS raided the Igboho residence in Ibadan, killing two people.
They also detained 12 of his aides, claiming to have recovered firearms and other weapons from the residence. Igboho, on the other hand, has refuted the claims.
After escaping the bloody raid, he went underground and was apprehended on July 19 in Cotono while attempting to travel to Germany.
In Benin Republic, Igboho is still on trial.