Igboho drags AGF, DSS to S-Court for reversal of N20bn compensation judgment

Mar 12, 2025 - 16:49
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Igboho drags AGF, DSS to S-Court for reversal of N20bn compensation judgment

Yoruba Nation activist Chief Sunday Adeyemo, widely known as Sunday Igboho, has approached the Supreme Court in Abuja, seeking to overturn a judgment from the Court of Appeal that dismissed the N20 billion in exemplary and aggravated damages awarded to him against the Federal Government

The case stemmed from a raid conducted by operatives of the Department of State Services (DSS) on Igboho’s residence in Ibadan during the early hours of July 1, 2021.

The operation resulted in the deaths of two individuals and significant destruction of property, including vehicles and other valuables.

Following the raid, Igboho filed a lawsuit against the DSS and the Attorney-General of the Federation (AGF) in an Oyo State High Court, claiming violations of his fundamental human rights.

Consequently, in September 2021, Justice Ladiran Akintola ruled in his favour, awarding him N20 billion in damages.

However, the ruling was overturned in August 2022 by Justice Muslim Hassan of the Ibadan Division of the Appellate Court.

The appellate court declared the earlier judgment illegal, labelling the damages awarded as excessive.

In response, Igboho filed a suit marked SC/CV/1436/22 with the Supreme Court, represented by his counsel, Yomi Alliu SAN, dated March 10, 2025. The suit includes 19 grounds of appeal, condensed into 11 key issues for determination.

Defendants in the case include the Attorney-General of the Federation, the DSS, and the Director of the DSS in Oyo State.

Key points from the court documents obtained on Wednesday highlighted several areas for review by the Supreme Court:

In the document, Igboho sought clarification on whether his fundamental rights were breached, suggesting that his case should be treated as a fundamental rights enforcement proceeding rather than a tort issue, as determined by the lower court.

He questioned whether the lower court was correct in disregarding his preliminary objections simply because they were included in his brief, despite the existence of other valid grounds for the appeal.

The appeal addressed whether the respondents’ brief filed past the stipulated deadline is valid and whether Igboho’s subsequent filing waived this lateness.

The suit challenged whether an application for an extension to file additional records could rectify the failure to submit the original records on time, as permitted by the lower court.

Igboho argued that the lower court erred in ruling that special damages were not adequately supported by a valuation report, despite uncontradicted affidavit evidence and expert invoices detailing the damages incurred.

He contended that it is the government’s responsibility to prove that illegal arms were found in his home, especially considering that the DSS confiscated CCTV footage during the raid.

Igboho, however, questioned whether the trial judge’s assessment of aggravated and exemplary damages was conducted fairly and in accordance with established guidelines.

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