The Court of Appeal sitting in Ibadan on Tuesday set aside the judgment of a state high court by nullifying the N20billion exemplary and aggravated damages awarded against the Department of State Security (DSS) for the July 2021 bloody attack of Chief Sunday Igboho’s home in the city.
Describing as outrageous the damages, Justice Muslim Hassan held that the State High Court lacked the jurisdiction to try the matter.
“The judge should not have awarded damages based on his personal parameters,” he ruled while refusing to declare the attack on the house of the Yoruba nation agitator, Sunday Adeyemo a.k.a Sunday Igboho illegal.
Igboho is currently in Benin Republic where he was arrested while trying to board a flight alongside his wife, Ropo, to Germany.
Persecondnews recalls that the State High Court had in September 2021 declared the raid conducted by the Department of State Service on Igboho’s home as illegal.
Justice Ladiran Akintola ordered DSS to pay N20 billion to Igboho as exemplary and aggravated damages.
Akintola described DSS’ action as “arbitrary aggression and prejudices” against Igboho.
On July 1, 2021, DSS operatives had invaded Igboho’s home, leaving two people dead and 12 of his aides arrested while lgboho made a lucky escape.
Following the raid, Igboho sued the Federal Government and demanded damages.
Igboho asked the court to order the respondents to jointly pay him the sum ₦500 million as special damages for the damage done to his house and his car and another ₦500 billion as exemplary and aggravated damages for beaching 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.
Igboho filed the application, through his lawyer, Yomi Alliyu, 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.
The Attorney General of the Federation, the State Security Service, and the Director SSS, Oyo State were listed as respondents in the suit.
Igboho also sought an order of the court directing the respondents to return all the items seized from the house.
He listed the items to include, N2 million cash, one thousand Euros, travel documents including international passports belonging to him and his family members, gold jewelry and wristwatches, two mobile phones, and other items yet unknown but which were allegedly carted away by the SSS.
Afenifere leader, Chief Ayo Adebanjo, had slammed President Muhammadu Buhari for the attack.
The 93-year-old stated: “It is a government-sponsored attack from all indications. It is unfortunate, particularly for the Yoruba.
“Mr President has taken us back to the Abacha regime. It was the same they did to Alfred Rewane, Gen Alani Akinrinade, Chief Abraham Adesanya and many others, including members of NADECO. I have said before that this government is a tyrannical government.”
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