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.