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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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Anambra: Vigilante arrested for torturing 60-year-old man to death

Published

6 hours ago

April 27, 2024

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Anambra State Police command’s spokesperson, DSP Toochukwu Ikenga

Anambra: Vigilante arrested for torturing 60-year-old man to death

Two persons have been apprehended in Anambra State over their alleged involvement in the death of a 60-year-old man.

The incident happened in Nza Ozubulu, Ekwusigo Local Government Area of the south east state, according to the police.

The deceased, identified as Mr. Kenneth, was tortured to death by some of his kinsmen, including members of the vigilante operatives over a property dispute.

He was said to have sold a water tank in the family house to resolve some family issues, an act that allegedly prompted his younger brother to arrest him with the help of a vigilante group.

The victim was said to have been subjected to corporal punishment as he was continuously flogged by members of the vigilante operatives engaged by his younger brother.

The wife and children of the deceased have continued to face intimidation and threat over their quest for justice, a source familiar with the development disclosed.

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The source in the community said, “The incident happened some days ago, the man was accused of selling their family water tank. His younger brother went to engage about five vigilante operatives who came to flog him.

“They tied his two hands and continuously flogged him with sticks and other weapons until he became unconscious. They left him after they had seen that he was no longer breathing.

“His wife and children have been subjected to fear and intimidation as they have vowed to deal with them if they continue to seek justice for the death of their father.”

The state police spokesman, SP Tochukwu Ikenga, who confirmed the incident on Friday said one vigilante operative and a relative of the deceased have been arrested.

Ikenga said, “Yes, the incident happened. We have two suspects, one vigilante operative and a relative of the deceased in our custody and they are at the state criminal investigation department at the headquarters.

“Investigation is still ongoing on the matter and we assure you that nothing will be swept under the carpet. More details will be communicated please.”

Anambra: Vigilante arrested for torturing 60-year-old man to death

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Friends swap wives for sex weekend in Lekki, activist claims

Published

15 hours ago

April 27, 2024

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Friends swap wives for sex weekend in Lekki, activist claims

Nigerian activist, Comrade Israel Joe, has shaken the table again as he claimed that friends now swap their wives for sex in some parts of Lagos State, Lekki to be precise.

He said this abominable act is not only limited to men as some married women in this same Lekki area of Lagos State, bring in their unmarried friends for three some sex romp just to satisfy their husbands sexual urge and propably keep their marriage.

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The activist who has been a prominent advocate for social justice and moral integrity said on his social media handle that in some parts of Lagos, (Lekki), friends now exchange their wives during weekends based on mutual agreement and this needs to stop.

He wrote: “In some parts of Lagos (Lekki), friends now exchange their wives during weekends. #TableBreaker”

“Some wives now bring their unmarried friends to do 3-sum with their husband to satisfy his urge”

Friends swap wives for sex weekend in Lekki, activist claims

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Bandit leader who forced community to give him chieftaincy title, 2 other kingpins killed in Zamfara

Published

15 hours ago

April 27, 2024

Trends Admin

Bandit leader who forced community to give him chieftaincy title, 2 other kingpins killed in Zamfara

Three bandit kingpins terrorizing Zamfara State, along with some of their fighters, have been killed by a joint security taskforce operating in the state.

According to security expert and counter insurgency expert, Zagazola Makama, the bandit kingpins included Kachalla Mati, Jammo Baki, and a former police officer, Kachalla Yada.

In a post on X handle Saturday morning, Zagazola Makama said: “Update: Security Intelligence, in joint efforts with the Militia Joint Task Force, have neutralized 3 bandit kingpins in the North West on April 26, 2024.

The kingpins included Kachillaha Mati, Jammo Baki, and one other ex-police personnel, Kachallah Yada, as well as several other fighters in Tidibale in Gangara villages of ISA and Sabon Birnin LG Zamfara State.

Jammo was very dangerous and ruthless, to the extent that he forced the community to give him a chieftaincy title.

On the other hand, Kachallah Yadda, who was an ex-police officer, is in charge of training the bandit on weapons handling as well as illicit arms trafficking.

The ‘suyanization” of the three terrorists was a huge blow to the bandits in Zamfara State and a relief to the people of the North West.

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This also got to show that the initiative of the Zamfara state government in collaboration with the security forces since it vowed to never negotiate with bandits but to crush them by any means is yielding positive results.

The recruitment of the Civilian Joint Task Force, popularly known as Askarawa, to go after the bandits in their enclaves and their hideouts was a major game changer.

Just like in the case of the North East, the worst nightmare of the bandits are the “Askarawa,” or Yansakai, as they are popularly called. This was because they have knowledge of the terrain and know the bandits who have in the past operated openly with impunity.

Within the past few months, the Askarawas have captured and killed hundreds of bandits, their informants, and collaborators. They have also recovered thousands of livestock rustled by the bandits, as well as rescued dozens of abducted victims.

This was why the pressure mounted on the bandits in both military, air, and ground offensives is forcing them to beg for “negotiations” through several videos on social media.”

Attempts by PlatinumPost reporters to confirm the killings of the terrorists by relevant security bodies have not yielded the desired results as of the time of filing this report.