An Oyo State High Court sitting in Ibadan on Wednesday awarded N50,000 as cost against the Attorney General of the Federation, Abubakar Malami (SAN) in a suit filed against him by the Yoruba Nation agitator, Sunday Igboho.
Justice Ladiran Akintola, who had given a restricting order on August 4, preventing the Department of State Services (DSS) and Malami from arresting or harassing Igboho, extended the order.
The N50,000 cost was awarded against Malami, who is the first respondent in the suit instituted by Igboho, for filing his response to Igboho’s suit late.
Igboho, who had beefed up his legal team with two additional Senior Advocates of Nigeria: Adekola Olawoye and Oladipo Olasope had asked for a cost of N250,000 to be awarded against Malami but the court granted N50,000.
The AGF, who was represented in court on Wednesday by his counsel, Abdullahi Abubakar, prayed the court to vacate the restraining order given by him and dismiss the case filed by Igboho before the court, noting that the court lacked the jurisdiction to hear the matter.
Also, counsel for the DSS, and State Director of DSS, who are the second and third respondents, T. A. Nurudeen, aligned with Malami’s position.
The AGF made the prayer in the notice of preliminary objection to the suit filed by Igboho through his counsel, Chief Yomi Alliyu (SAN).
Malami in the notice of preliminary objection argued that Igboho’s claims of unlawful killing, the tort of trespass, assault, and battery could not be brought under Fundamental Right (Enforcement Procedure) Rules 2009.
He maintained that the claims for damages for the invasion of his house, unlawful killing, the tort of trespass, assault, battery, and allegation of discrimination and secessionist could not be resolved by affidavit evidence without calling witnesses, tendering of documents, and even a likely visit to the scene.
Concerning the blocking of Igboho’s accounts, Malami argued that the DSS had the right to do so, noting that the action can only be challenged before a Federal High Court under Section 251 (r) of the 1999 Constitution (As Amended).
However, Justice Akintola adjourned the ruling on Malami’s application to August 30.
It would be recalled that the DSS had raided the residence of Igboho in Ibadan on July 1, killing two of his associates and arrested 12 of his aides.
The DSS also claimed that they recovered guns and other weapons from the house. However, Igboho debunked the claims.
He went underground after escaping the bloody raid and was later arrested in Benin Republic where he is still standing trial, after he attempted to travel to Germany through the country on July 19.
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