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Tuesday, August 31, 2021

Unlawful Invasion: Court gives Malami, SSS a week to respond to rights suit filed by Igboho

Igboho had filed an N500 billion suit against the AGF and SSS over the unlawful invasion of his residence on July 1.

• August 30, 2021
Sunday Igboho and AGF Abubakar Malami
Sunday Igboho and AGF Abubakar Malami

The Attorney-General of the Federation and the State Security Services have until September 7 to respond to a suit filed against them by Sunday ‘Igboho’ Adeyemo.

Filed at the Oyo State High Court in Ibadan, Mr Adeyemo is seeking the enforcement of his fundamental rights. Also joined in the suit filed by his counsel, Yomi Alliyu, is the SSS director in the state.

Mr Adeyemo filed an N500 billion suit against the AGF and SSS over the unlawful invasion of his residence on July 1 when his property was damaged and some occupants killed.

The court had on August 4 granted an ex-parte application restraining the SSS and AGF from arresting, intimidating and blocking Mr Adeyemo’s bank accounts.

At the resumed hearing of the case on Monday, the AGF’s counsel, Simon Enock, told the court that he was not ready to proceed on the matter.

Mr Enock said that the applicant just served him with a counter-affidavit to the preliminary objection challenging the court’s jurisdiction and motion on notice filed on the matter by the AGF.

The AGF’s counsel also told the court that court rules permitted him to respond within seven days and urged the court to grant him an adjournment in the interest of justice.

He also prayed the court to vacate the order restraining the arrest, intimation and blocking of Mr Adeyemo’s bank accounts, adding that the order should have a lifespan of seven days rather than being perpetual.

In his argument, counsel to the SSS, T. Nurudeen, said the applicant was yet to serve any counter-affidavit on his client, and that the procedures of service must be observed for fair hearing.

Leading other counsels, namely, Kola Olawoye and Dipo Olasope, Mr Adeyemo’s counsel objected to granting of an adjournment.

Mr Alliyu said the AGF was served since August 25 and only needed five days to respond to the counter-affidavit. He urged the court not to grant the adjournment sought.

In his ruling, presiding Justice Ladiran Akintola noted that the rules on enforcement of fundamental human rights suits do not accommodate the luxury of time because the life of the applicant was at stake.

Mr Akintola adjourned the case to September 7 for a hearing of all applications and extended his order of interim injunction restraining Mr Adeyemo’s arrest and blocking of his account.

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