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UPDATED: Appeal Court sets aside N20b damages awarded Igboho
The Court of Appeal sitting in Ibadan has set aside the judgement of an Oyo State High Court, which awarded N20 billion damages to Yoruba self-determination activist, Chief Sunday Adeyemo, aka Sunday Igboho.
Delivering judgement in the appeal filed by the Attorney General of the Federation, Department of State Services and Director, Department of State Services in Oyo State, against the judgement of the Oyo State High Court, Justice Muslim Hassan held that Justice Ladiran Akintola, acted on the wrong principles of law in awarding the cost to Igboho.
The Nation reports that Justice Akintola on September 17, 2021, awarded N20billion as damages against the Attorney General of the Federation, Abubakar Malami, and the Department of State Services (DSS) over the invasion of Igboho’s Soka Ibadan residence, on July 1.
But Justice Hassan held that the judgement of the lower court was not supported by any evidence, but by two affidavits.
He said Justice Akintola cannot assess damages using his own conceived parameters, adding that there was no evidence that quoted the value of damages at Igboho’s residence.
Justice Hassan also held that there was no evidence including autopsy to support the claim that two people were killed at the activist’s residence during the invasion.
According to the judge, the lower court assumed jurisdiction of the case to look at the enforcement of fundamental human rights suit filed by Igboho without looking at the merit of the case.
He said the court should not have assumed jurisdiction of the case without looking at its merit.
The judge added that the case did not qualify under the enforcement of human rights because there is a threat to national security.
“When there is a threat to national security, the enforcement of fundamental right is secondary. I have read the judgement of the lower court and the Article 20:1 of the African Charter on self determination and Article 3 and 4 of the United Nations Charter on rights of the indigenous people which the judgement was based upon. A statute cannot be treated in isolation.
“When considering a statute, entire provision should be considered and not a section. The same charter talks about the sovereignty of a nation. Neglecting Article 27, 28, 29 of the African charter will not give proper interpretation to it.
“Therefore, the United Nations declaration is not enforceable in Nigeria. The judge acted on wrong principles of law and the action of the respondent constitute a threat to unity of Nigeria. The respondent has no right to take up arms against Nigeria,” Justice Hassan held.
The appellants filed six grounds of appeal.
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They want the court to determine “if the trial judge was right to determine the issue of fundamental human right;
“If the trial judge was right to assume jurisdiction of the case against a Federal Government agency;
“If the originating motion of the respondent was competent;
“If the respondent was right to take up arms against the government in his quest for self determination;
“If the trial judge was right to enter judgement in favour of the respondent;
“And if the trial judge was right to award damages to the respondent.”
Justice Hassan resolved issues 1,4,5 and 6 in the applicants favour and resolved issues 2 and 3 in favour of the respondent.
The judge subsequently held that the lower court lacked the jurisdiction to entertain the suit and set the judgement aside.
He also said respective parties in the case should bear their costs.
Reacting to the judgment, the legal head of DSS in Oyo State, Barr. Nurudeen Abdulrahman, said the judgement affirmed the position of 1999 constitution.
Counsel to Igboho, Chief Yomi Alliyu (SAN) also commended the judge for a well considered judgement.
Efforts to react the Spokesman of the Yoruba Activist for his reaction on the judgement was futile as at the time of this report.
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200,000 repentant terrorists surrender, drop arms in North East – CDS
200,000 repentant terrorists surrender, drop arms in North East – CDS
The Chief of Defence Staff, General Christopher Musa, has disclosed that about 200,000 repentant terrorists have so far dropped their arms and surrendered to troops in the North East, noting that the twin strategy of kinetic and non-kinetic operations was responsible for this achievement.
The CDS made this known at the Security and Justice Symposium organised by the Office of the National Security Adviser (ONSA) in collaboration with the British High Commission, which began at the National Counterterrorism Centre in Abuja on Tuesday.
He disclosed that the theme of the symposium, ”Securing Peace, Ensuring Justice, Protection, Conduct, and Accountability,” speaks volumes about the deluge of security challenges the armed forces and security agencies are facing.
His words, “All the challenges we are facing today have to do with fairness, equity, justice, and accountability.
“There will not be peace without justice, equity, fairness, and accountability. In our operations, we are conducting both kinetic and non-kinetic strategies, which have to a large extent yielded significant successes, and we want to particularly thank the National Security Adviser for his great support in this regard.
“Nigeria is going through so many challenges, and we feel we’re able to address this, and everybody has a sense of belonging. A lot of the security challenges we are having, we are sure, will go down. I want to thank the National Security Advisor for all the support he’s given us, both the kinetic and the non-kinetic.
“We have said it; the kinetic aspect is just less than 30%. The non-kinetic has a lot to play. The non-kinetic, because when you have democracy, people must have the evidence of democracy. As long as it tells people to sleep well and be peaceful, and they are hungry, their children cannot eat, and all this creates more problems.
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“The issue of informants. We have to look at how we tackle this issue of informants. Because these are the people who have created the issue.
200,000 repentant terrorists surrender, drop arms in North East – CDS
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Robbers kill two members in shoot-out with Delta police
Robbers kill two members in shoot-out with Delta police
The spokesperson for the police in Delta State, SP Bright Edafe, has confirmed the death of two robbery suspects in the state.
Mr Edafe, who disclosed this to journalists on Tuesday in Warri, said that the deceased were killed from the bullets shot by their gang members.
According to him, the incident occurred on Wednesday at Effurun, Uvwie Local Government Area of the state.
Mr Edafe explained that the deceased were leading the police surveillance team attached to the Ekpan Division to their hideout when they were caught during a shoot-out.
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“The suspects were arrested at Effurun roundabout with a bag containing 57 live cartridges and other items. They were leading the surveillance team to their hideout at Warri/Sapele road when their gang members, on sighting the vehicle of the police team, engaged them in a shootout.During the gun duel, the arrested suspects that were leading the police team were fatally wounded by the gun shot of their colleagues. The two injured suspects were taken to the hospital and later died while receiving treatment,” he said.
Mr Edafe said that items recovered from the hoodlums hideout included: one English pump action gun, one locally made cut-to-size gun and eight live cartridges.
Others were: six iPhones, Smart phones and a Rolex wrist watch.
He said that the command had intensified manhunt on the fleeing members of the gang.
Robbers kill two members in shoot-out with Delta police
(NAN)
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Akwa Ibom businessman abducted, driver killed, police orderly injured
Akwa Ibom businessman abducted, driver killed, police orderly injured
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