The Court of Appeal, Oyo State Division has set aside the N20bn exemplary and aggravated damages awarded to Yoruba Nation agitator, Sunday Adeyemo, popularly known as Sunday Igboho, against the Department of State Security.
DSS operatives had, in the early hours of July 1, 2021, raided Igboho’s residence in Ibadan, killing two persons and destroying cars.
Igboho dragged the DSS and the Attorney General of the Federation, Abubakar Malami (SAN) before an Oyo State High Court for violation of his fundamental human rights. Justice Ladiran Akintola, who presided over the matter, had in September 2021 awarded N20bn damages against the DSS.
Delivering judgment on the appeal to the lower court’s judgment on Tuesday, Justice Muslim Hassan of the Ibadan Division of the Appeal Court nullified the judgment that declared the attack on Igboho’s house illegal, describing the award of damages against the DSS as outrageous.
Justice Hassan stated that the Oyo State High Court ignored the grounds for the case in acquiring jurisdiction and that the judge should not have decided on the award of damages based on his own preferences.
Reacting to the nullification, counsel for Igboho, Chief Yomi Aliyyu (SAN), in an interview with our correspondent, said his client would appeal the judgment.
Aliyyu said, “He (Igboho) will appeal the judgment. He won’t allow it to go like that without challenging it. It is a constitutional matter and the judgment must be tested.
“He will appeal it because his house was attacked and lives were lost and property were destroyed during the raid.
“If the Court of Appeal says that is not a fundamental human rights matter and that the DSS can raid somebody’s house and kill human beings, then it has to be tested.”
Igboho had asked the lower court to order the respondents to jointly pay him N500m as special damages for the damage done to his house and his car and another N500bn as exemplary and aggravated damages for breaching his fundamental rights with the malicious invasion of his house as well as an order directing the Federal Government and the other respondents to tender a public apology in two national dailies.
He said the suit was filed to enforce his fundamental human rights, pursuant to Sections 33-46 of the 1999 Constitution as amended and relevant articles of the African Charter on Human and Peoples Rights.
