An Oyo State High Court sitting in Ibadan has ordered the Federal Government, the Director General, Department of State Security, DSS, and the DSS Director in Oyo State to pay 20 billion naira exceptional and aggravated damage over the unlawful invasion of the residence of Sunday Adeyemo “Igboho” in Ibadan.
The court also granted all the relief prayed for, before the Oyo State High Court by the Yoruba nation agitator before the court.
Justice Ladiran Akintola in his 90 minutes judgment equally restrained the Federal Government, the DSS, their agents, privies or otherwise from further harassing, molesting or arresting him.
The judge also awarded 2 million naira cost against the Federal Government, DG DSS and the DSS Director in Oyo State.
Delivering the judgment, Justice Akintola struck out the preliminary objection filed by the 2nd and 3rd respondents were not signed and or dated when it was filed before the court.
Justice Akintola emphasized that the failure to date and sign the objection thereby made it defective and ineffective.
On whether the High Court has the jurisdiction to hear the case, Justice Akintola said it had been established by both the Court of Appeal and the Supreme Court that that both the Federal High Court and State High Court have competent jurisdiction especially in a Fundamental Rights suit which occurred within the jurisdiction of both courts.
He stressed that the siege laid on the Sunday Igboho’s residence on July 31, this year, the manner of the invasion which was not known to law, no court order of any criminal offences, or warrant of arrest which was never denied by the defendants amounted to violation of Sunday Igboho’s fundamental rights.
Condemning the action of the respondents, Justice Akintola frowned at the trauma inflicted on Sunday Igboho, residents and neighbours with the invasion of his house in the wee hours of the night, as there was no evidence that Nigeria was at war which warranted such action.
Justice Akintola described the invasion of Sunday Igboho’s residence as highly condemnable, crude display of law, unprofessional, overzealous and reckless.
Resolving all the issues in the suit in favour of Sunday Adeyemo Igboho, Justice Akintola ruled that the Attorney General of the Federation and Minister of Justice, the Director General DSS and the DSS Director in Oyo state should pay 20 billion naira as exceptional and aggravated cost for the illegal invasion and wanton destruction of his property.
Funmilola Obagbayegun
pub-5160901092443552
Related Posts
