The Appeal court on Tuesday, set aside a N20 billion damages awarded to Sunday Adeyemo aka Sunday Igboho for the invasion of his house, in Oyo state.
BASIC FACTS
- The Court of Appeal this Tuesday, set aside N20 billion damages awarded to Sunday Igboho.
- An Oyo state High court had last September awarded N20 billion in damage against the DSS for the invasion of Sunday Igboho’s house.
- The award was following the case for enforcement of fundamental human rights by the Yoruba rights activist.
WHAT WE KNOW
An Appeal court on Tuesday, set aside a N20 billion damages awarded to Sunday Adeyemo aka Sunday Igboho for the invasion of his house, in Oyo state.
The awarded was granted on September 17th, 2021 by an Oyo state High court in Ibadan.
Sunday Adeyemo had gone to court in a fundamental rights enforcement case, challenging the action which led to the death of some of his aides. However, the Department for State Security (DSS), appealed the judgement of the state High court.
In its sitting, the Court of Appeal sitting in Ibadan nullified the judgement of an Oyo State High Court which awarded N20 billion damages to the Yoruba self-determination activist, popularly known as Igboho.
Delivering the judgement in an appeal filed by the Attorney General of the Federation, State Security Service and Director, State Security Service in Oyo State, Justice Muslim Hassan held that Justice Ladiran Akintola, who delivered the judgement on September 17, 2021, acted on the wrong principles of law in awarding the cost to Igboho.
He said that Justice Akintola can’t assess damages claimed by Igboho using his own conceived parameters.
Justice Hassan thereby set aside the earlier judgment which declared the attack on the house of Yoruba nation agitator, Sunday Adeyemo illegal.
The court also nullified the N20 billion exemplary and aggravated damages awarded against the Department of State Security (DSS) for the attack, describing it as outrageous.
Justice Hassan held that the Oyo High Court ignored the merit of the case while assuming jurisdiction, adding that the judge should not have awarded damages based on his personal parameters.
CATCH-UP
Recall that the separatist leader of the Yoruba nation, Sunday Igboho’s residence in Soka, Ibadan Oyo state was invaded by men of the DSS in June 2021. The midnight invasion left some aid of the separatist dead.
However, Igboho himself managed to escape and was later seen in Benin republic where he was arrested and has been facing trial for documentation related questions.
While in Cotonou, he also face extradition to Nigeria, but the effort by the Nigerian government to extradite him was vehemently and successfully challenged by Sunday Igboho`s legal team.
After the invasion, Mr. Igboho through his lawyers approached an Ibadan High court to seek redress in a fundamental rights application case. It was the state High Court that granted the sum which has now been set aside.
COMMENTARY
The Nigerian state as a matter of necessity should device a means of resolving the many separatist agitation and organisation that has been growing over the years.
The best way these agitations can be resolved is through justice and equity for every segment of the Nigerian state, most of which has very legitimate reasons to demand for secession from Nigeria.
Perhaps these issues of self-determination more than ever before, makes it very imperative to consider restructuring the present system to a more equitable federation that guarantees the rights and equality of the component units.
The restructuring could at the same time ensure a strong centre that won’t be threatened by the progress of a region or some of the regions.
