The Aare Ona Kakanfo of Yoruba land, Iba Gani Adams has filed proceedings before an Oyo State High Court sitting in Ibadan, against Yoruba Nation agitator, Chief Sunday Adeyemo popularly known as Igboho, on issues bordering on unconstitutional publication of his private telephone conversation between him and another person, without his consent .
Adams in the suit delineated M/1006/2024 to seek for the enforcement of his fundamental rights, stated that the Igboho’s action with the publication, is injurious to him severely as an individual and his highly exalted office as the Aare Ona Kakanfo of Yorubaland.
In his Originating Motion on Notice dated October 15, 2024, the applicant is seeking for a court order declaring that as a citizen of the Federal Republic of Nigeria, he has a constitutionally guaranteed right to the privacy of his home, correspondence, telephone conversations and telegraphy communications by virtue of section 37 of the 1999 Constitution of the Federal Republic of Nigeria (as Amended).
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The suit was filed pursuant to the fundamental rights procedures rules and Sections 27, 37 and 46 of the Constitution of the Federal Republic of Nigeria,1999 as amended and Enforcement Act, Cap, A9, Laws of the Federal Republic of Nigeria, 2004 as well as Sections 37 and 46 of the Constitution of Federal Republic of Nigeria 1999 as amended.
The applicant is also praying the court to declare that, “it is unlawful, illegal and unconstitutional for anyone to surreptitiously record the private telephone conversation between other persons without the consent and authority of the parties to the conversation.
Further, he asked for a declaration that “it is unlawful, illegal and unconstitutional for the respondent to covertly record and publicly release or publish the private telephone conversation between the applicant and another person, without the consent and authority of the Applicant.”
The OPC leader stated that the act of the respondent (Igboho) in publishing or broadcasting the private telephone conversation between him and another person to the public through the social media without his knowledge, authority is mischievous, egregious, reckless and gross to his fundamental right to privacy guaranteed under Section Constitution of the Federal Republic of Nigeria, 1999 (as amended) and injurious to him severely in his highly exalted office of the Aare Ona Kakanfo of Yorubaland.
He is therefore demanding for the sum of N5 billion for being general and exemplary damages against Igboho.
In his 13 paragraphs affidavit in support of his motion, “the applicant stated that
sometime in April, 2024, the respondent came out on the social media that he is in possession of a recorded private telephone conversation which the applicant had with one Mr. Nurudeen Banjo who is based in the United States of America.
“Since then, the respondent has repeatedly and viciously attacked the Applicant on both the traditional media (print and audio visual) and on social media accusing the Applicant of labeling him (the Respondent) as a political thug/ mercenary, a murderer, a fraudster and so on in the said recorded private telephone conversation.
“The public exposure of the Applicant’s private telephone conversation with third party which was covertly recorded by the Respondent without his knowledge, consent and authority and which the Respondent, without his knowledge, consent and authority, had maliciously published to the general public had not only breached the Applicant’s private and fundamental rights, it has also caused him a serious embarrassment among the multitude of Nigerians.”
“The public exposure of the Applicant’s private telephone conversation with the said Mr. Nurudeen Banjo which the Respondent or any person covertly recorded and made public to the generality of Nigerians without the knowledge, consent and authority of the had not only breached the applicant’s Fundamental Rights but has also caused him, a serious embarrassment among the multitude of Nigerians,” he averred.
and then