The injunction prohibiting the Department of State Services from arresting Yoruba Nation activist Chief Sunday Adeyemo alias Sunday Igboho, issued by an Oyo State High Court in Ibadan, has been extended.
Justice Ladiran Akintola, who gave the order on August 4 at the resumed hearing on Wednesday also awarded N50,000 as cost against the Attorney General of the Federal, Abubakar Malami (SAN) who is the first respondent in the suit instituted by Igboho.
The cost was awarded against him for filing his response to the suit filed by Igboho out of time.
Igboho, who had beefed up his legal team with two additional Senior Advocates of Nigeria: Adekola Olawoye, and Oladipo Olasope had asked for a cost of N250,000 to be awarded against Malami but the court granted N50,000.
The AGF, who was represented in court on Wednesday by his counsel, Abdullahi Abubakar, prayed the court to vacate the restraining order.
He also prayed the court to dismiss the case filed by Igboho before the court altogether because the court lacked jurisdiction to hear the matter.
Counsel for the DSS, and State Director of DSS, T. A. Nurudeen, are the second and third respondents aligned with the position of Malami.
The AGF made the prayer in the notice of preliminary objection to the suit filed by Igboho through his counsel, Chief Yomi Alliyu (SAN).
Malami in the notice of preliminary objection argued that Igboho’s claims of unlawful killing, the tort of trespass, assault, and battery could not be brought under Fundamental Right (Enforcement Procedure) Rules 2009.
He also said the claims for damages for invasion of house, unlawful killing, the tort of trespass, assault, battery, and allegation of discrimination and secessionist could not be resolved by affidavit evidence without calling witnesses, tendering of documents, and even a likely visit to the scene.
Malami said concerning the blocking of Igboho’s accounts, the DSS has had the right to do that but the action could only be challenged before a Federal High Court pursuant to Section 251 (r) of the 1999 Constitution (As Amended).
Justice Akintola adjourned the ruling on Malami’s application to August 30.
The DSS had raided the residence of Igboho in Ibadan on July 1 and killed two persons.
They also arrested 12 of his aides and claimed that they recovered guns and other weapons from the house. However, Igboho has since debunked the claims.
He went underground after escaping the bloody raid and was arrested in Cotono while trying to travel to Germany on July 19.
Igboho is still standing trial in Benin Republic
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