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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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Explosion in Yobe, three people hospitalised
Explosion in Yobe, three people hospitalised
At least 3 persons have been hospitalised after an undetonated Improvised Explosive Device exploded in Gujba Local Government Area of Yobe State.
The explosion took place on Saturday at Ngomari Community in Buni Yadi, headquarters of Gujba Local Government Area.
A reliable source in the area told Daily Trust that the incident happened when a 22-year-old discovered live ammunition and four AK47 rounds while fetching firewood in the bush.
“The young man attempted to open the ammunition out of curiosity.
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“He proceeded to strike the ammunition with a hammer, which triggered an explosion. 3 persons including the young man sustained various degrees of injury,” the source said.
Confirming the incident, the Secretary of the Local Metal Fabricators Association, Gujba LG, Malam Isyaku Dahiru, said the victims were moved to Yobe State Specialist Hospital Buni Yadi for urgent treatment.
Efforts to get the reaction of the Public Relations Officer of the Yobe State Police Command, SP Dungus Abdulkarim, were not successful as he did not pick his calls and was yet to reply to the calls as at the time of filing this report.
Boko Haram terrorists have been using IEDs to launch attacks on communities in the area.
Explosion in Yobe, three people hospitalised
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Rivers: Presidency reveals security intelligence leading to emergency rule
Rivers: Presidency reveals security intelligence leading to emergency rule
The Presidency has revealed that security intelligence reports led to the suspension of Rivers State Governor Siminalayi Fubara, his deputy, and elected members of the State House of Assembly.
According to the government, militants were already targeting oil pipelines, posing a serious threat to national security and the economy.
Bayo Onanuga, Special Adviser to President Bola Tinubu on Information and Strategy, disclosed this in an article titled “Imagine Rivers State Without a State of Emergency”, published on Sunday.
He maintained that intelligence reports showed an escalating crisis in the oil-rich state.
President Tinubu, in a nationwide broadcast on Tuesday, explained that his efforts to mediate the political conflict in Rivers had been ignored. He stated that worsening security threats necessitated the declaration of a state of emergency.
“The latest security reports made available to me show that between yesterday and today, there have been disturbing incidents of vandalization of pipelines by some militants, without the governor taking any action to curtail them. I have, of course, given stern orders to the security agencies to ensure the safety of the good people of Rivers State and the oil pipelines,” Tinubu said while announcing the emergency rule.
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The decision has drawn criticism from various quarters, with many questioning its necessity. However, the Presidency has defended the move, insisting it was based on credible security intelligence.
Onanuga explained that Section 305 of the Constitution empowers the President to act when there is a threat to law, order, or economic security.
“Impeachment threats might have spurred attacks on lawmakers by the governor’s supporters, while militants in the creeks—primed to sabotage critical oil infrastructure—could have plunged Nigeria’s oil production back to pre-2023 lows,” he stated.
He further alleged that militants were awaiting instructions from Fubara before launching attacks on pipelines.
“Intelligence confirmed that militants, told by Fubara to await signals, were already targeting pipelines, risking a collapse in output and a Niger-Delta domino effect,” Onanuga added.
According to him, Tinubu’s intervention was crucial, as Rivers State is a key player in Nigeria’s oil sector. He warned that any disruption in the region could have dire economic consequences.
He dismissed claims that the emergency rule undermines democracy, arguing that it is a “temporary, surgical” measure aimed at restoring order rather than replacing democratic institutions.
Rivers: Presidency reveals security intelligence leading to emergency rule
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Shehu Sani faults senators taking voice vote objection to media
Shehu Sani faults senators taking voice vote objection to media
A former senator who represented Kaduna Central Senatorial District has slammed lawmakers for going to the media to raise objections against the adoption of voice voting for the confirmation of a State of Emergency in Rivers State.
Shehu Sani said that any lawmaker who wished to raise such an objection ought to have done so in the chambers of the National Assembly and not the media.
Recall that members of the National Assembly had voted on the proclamation of a State of Emergency in Rivers by President Bola Tinubu.
However, rather than adhere to the provisions of the law by taking a head count to determine that the Assembly had formed a quorum, the leadership of both chambers adopted voice voting.
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Shortly after the voting process which was condemned by many including Peter Obi, Atiku Abubakar, and the Peoples Democratic Party among others, Ireti Kingibe, a serving lawmaker condemned the process.
In his reaction, to this Sani said all objections should be done within the chambers, not outside or in the media.
He wrote on X, “If any lawmaker had issues with voice votes or quorum, he or she is supposed to raise a point of order on the floor and insist on being heard; and not be silent in the chamber then come to the media to raise objections.
“If there is no quorum, it’s because some lawmakers deliberately chose to abstain,” Sani noted.
Shehu Sani faults senators taking voice vote objection to media
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