An Oyo State High Court, sitting in Ibadan, has extended the order it gave restraining the Department of State Services (DSS) from arresting Yoruba Nation activist, Chief Sunday Adeyemo, who is fondly called Sunday Igboho.
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 Federation and Minister of Justice, Abubakar Malami (SAN) who is the first Respondent in the suit instituted by Sunday 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.
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AGF Malami, 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 Oyo State Director of DSS, T. A. Nurudeen, who are the second and third Despondents, aligned with the position of Malami.
AGF Malami made the prayer in the Notice of Preliminary Objection to the suit filed by Sunday Igboho through his counsel, Chief Yomi Alliyu (SAN).
Malami in the notice of preliminary objection argued that Sunday 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.
AGF 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.
