The Ibadan Division of Court of Appeal yesterday set aside the judgment which declared the attack on the house of Yoruba nation agitator, Chief Sunday Adeyemo (aka Sunday Igboho), as illegal.
The court also nullified the N20billion exemplary and aggravated damages awarded against the Department of State Security (DSS) for the attack, describing it as outrageous.
Justice Muslim Hassan held that the Oyo State 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.
Justice Ladiran Akintola of the Oyo State High Court on September 17 last year declared the July 1, 2021 invasion of Igboho’s house by DSS personnel as illegal, a violation of human rights.
He granted the 16 reliefs sought by Igboho’s lawyers and slammed N20 billion exemplary and aggravated damages on the security agency and its Oyo State director.
DSS personnel invaded Igboho’s Soka, Ibadan home in the early hours of July 1, shooting their way through. They killed two occupants of the house and vandalised his property. They also arrested 12 persons, who they took to the agency’s headquarters in Abuja.
Igboho’s prayers included a declaration of the invasion and malicious damage of his property and blocking of his bank accounts as illegal and violation of his human rights.
The prayers also included a declaration that invading the house without declaring their identity or asking Igboho to open his gate but shooting through the ceiling as “oppressive, malicious, arbitrary and grossly unconstitutional.”
Igboho sought N500 billion exemplary and aggravated damages for breaching his rights and another N500 million for special damages for the damage done to his car and home on July 1.
The team also sought an order restraining the secret police or any government agent from arresting or harassing Igboho, pending the determination of the suit as well as publication of an apology in The Nation and The Punch for the ‘despicable’ act.
Igboho has said he would not relent in getting justice over the judgment that declared the attack on his house as illegal.
Spokesman for the Yoruba nation agitator, Olayomi Koiki, in a live video chat monitored by The Nation last night, called on the international community to intervene in the matter.