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UPDATED: Appeal Court sets aside N20b damages awarded Igboho

Published

2 years ago

August 31, 2022

Chief Sunday Adeyemo, aka Sunday 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.

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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.

“Article 3 and 4 of the United Nations charter have not been domesticated in Nigeria. No international treaty shall have a force of law without being treated by the National Assembly; and international treaty does not become binding unless enacted into law by the National Assembly.

“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.

The Nation

Related Topics:Appeal Court damages Featured Igboho

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Lagos govt insists nightclubs, worship centres must obtain permit for amplified sound

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Lagos govt insists nightclubs, worship centres must obtain permit for amplified sound

The Lagos State Government has rolled out stricter measures to combat noise pollution, requiring nightclubs, lounges, bars, and worship centres to obtain permits for events involving amplified sound.

The measure, it said, aimed to safeguard the health and well-being of Lagosians during the festive season and beyond.

Lagos State Commissioner for Environment and Water Resources, Tokunbo Wahab, announced this via his official X (formerly Twitter) account on Saturday, emphasizing the government’s zero-tolerance stance on noise pollution.

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The statement further noted that starting January 2025, the government would roll out a public awareness campaign to educate Lagosians on acceptable noise levels and the benefits of a quieter environment.

Lagos govt insists nightclubs, worship centres must obtain permit for amplified sound

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Alleged missing N180m: It’s a prank, Singer Dammy Krane says

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Martins Vincent Otse, widely known as Verydarkman

Alleged missing N180m: It’s a prank, Singer Dammy Krane says

Singer, Dammy Krane has stated that social critic, Very Dark Man, is joking with claims that N180 million was diverted from the NGO account he created in October this year.

VDM shocked Nigerians on Friday, December 27 when he released a video claiming hackers had breached his NGO website and moved N180m leaving only N20 million.

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However, in a post shared on his Instagram page this evening, Dammy Krane claimed that VDM is renovating a school in Jos, and was only joking with the story of stolen funds.

Also, a Human Rights activist, Omotayo Williams, claimed the man VDM showed in his video as an officer accompanying him to Jos is a well-known member of the Kogi State Taxi Taskforce.

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Oluwo backs push for Sharia law in South-West

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Oluwo of Iwoland, Oba Abdulrosheed Adewale Akanbi

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Oba Akanbi noted that Sharia principles have long been part of Yoruba land, citing examples such as Sharia banking and the existence of a Sharia college in Iwo, Osun State.

He stated, “Sharia law has been in Iwo for over 100 years… It’s the right of Muslims to choose customary law or the high court.”

Recall that the discussion around Sharia law gained traction after plans were announced for the inauguration of a Sharia council on January 11, 2025, at the Muslim Community Islamic Centre in Oyo. However, the event has been postponed indefinitely following widespread public criticism.

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Addressing concerns, Oba Akanbi explained that Sharia law is already embedded in Nigeria’s constitution and should not cause alarm for non-Muslims.

“Sharia law is only for Muslims and does not concern others. If any other person likes it, they can convert to Islam, and Muslims can also convert to Christianity. Everyone is free,” he said.

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