An Oyo State High Court sitting in Ibadan has awarded the sum of N50,000 against the Attorney-General of the Federation (AGF), Abubakar Malami, and also extended an order restraining the Department of State Security Services (DSS) from arresting Yoruba nation activist, Sunday Igboho.
The suit was instituted by Igboho, following the bloody raid on his house in Ibadan in the early hours of July 1 by the DSS in collaboration with other security agencies.
KanyiDaily had reported that two persons were killed and about 13 persons among Igboho’s aides were arrested during the raid by DSS in Igboho’s house in Ibadan.
During the hearing on Wednesday, August 18, three Senior Advocates of Nigeria (SANs) – Yomi Alliyu, Adekola Olawoye, and Oladipo Olasope – appeared for Igboho, while Abdullahi Abubakar represented AGF Malami. TA Nurudeen appeared for second and third respondents.
Court Grant Igboho’s Restraining Order
The court had on Wednesday, August 4, granted a restraining order against the DSS and AGF from arresting, intimidating, harassing and freezing the bank accounts of Igboho.
The case with number M/435/2021, instituted by Igboho, against the trio of AGF as the first respondent, DSS as the second respondent, and Director of DSS in Oyo State as the third respondent.
Igboho’s lead counsel, Chief Yomi Alliyu, SAN, who moved an ex-parte motion before the court on August 4, had on Friday, July 23, filed a notice of application for the enforcement of Igboho’s fundamental human rights before the court.
In the main suit, Igboho is also praying the court to order the respondents jointly and separately to pay him N500 billion as special damages for the damage done to his car and residence, as well as exemplary and/or aggravated damages for breaching his fundamental rights in the course of illegal and/or malicious invasion of his residence.
Giving the injunctions, Justice Akintola directed that both the AGF and the national headquarters of DSS should be served with the injunctions in Abuja, while the Director of DSS in Oyo State should be served in Ibadan.
The judge also gave the respondents 14 days to make an appearance before the court, before adjourning the case to August 18, for further hearing.
Malami Moves Against Igboho’s Restraining Order
But counsel to the first respondent, Abubakar prayed the court for an extension of time for AGF to file his response to the processes filed by Igboho.
Nurudeen, counsel to the second and third respondents, also aligned with the position of Abubakar, as he never objected to it. But lead council to Igboho, Alliyu, vehemently opposed the extension, saying the response should have been filed within five days of the receipt of the court processes.
Both Abubakar and Nurudeen filed an application on their preliminary objections to the case, asking the court to vacate the restraining order, and strike out or dismiss the suit.
The court, however, granted the extension of time in the interest of justice and adjourned the case to Monday, August 30, for a decision on the application.
Malami Ordered To Pay Sunday Igboho N50,000
The judge also awarded a cost of N50,000 against the AGF over filing his response to the processes filed by Igboho out of time, though the legal team of Igboho had asked for a cost of N250,000.
“At the end of the day, the court, in the interest of justice, granted the application, and award N50,000 cost against them.
“The restraining order granted by the court on August 4 subsists until the application is finally determined. As long as this case goes on, the injunction stays.
Although they brought an application that the order should be vacated. So, the court will decide on that on August 30, 2021,” Justice Akintola said.
Meanwhile, Sunday Igboho is currently standing trial in Benin Republic after he escaped the bloody raid in his house and was arrested in Cotonou while trying to travel to Germany on July 19.