Igboho: Appeal Court sets aside N20bn judgement against DSS 

The Court of Appeal sitting in Ibadan on Tuesday set aside the judgment of an Oyo State High Court sitting in Ibadan, which awarded the sum of N20 billion as damages to Yoruba secession agitator and activist, Chief Sunday Adeyemo, aka Sunday Igboho against the Department of State Security (DSS).

Justice Muslim Hassan in his lead judgment in the appeal filed by the Attorney General of the Federation, Department of State Services and Director, Department of State Services in Oyo State, to contest the judgment of the lower court.

It will be recalled that Justice Akintola had awarded the sum of N20 billion as damages against the Attorney General of the Federation, Abubakar Malami( SAN), and the Department of State Services (DSS) over the invasion of Igboho’s Ibadan residence on July 1, 2021.

The appellants filed six grounds of appeal; asking the court to determine if the trial judge was right to determine the issue of fundamental human rights; if the trial judge was right to assume jurisdiction of the case against a Federal Government agency; if the originating motion of the respondent was competent; if the respondent was right to take up arms against the government in his quest for self-determination; if the trial judge was right to enter judgement in favour of the respondent and if the trial judge was right to award damages to the respondent.

Justice Hassan had in his judgment held that Justice Ladiran Akintola, acted on the wrong principles of law in awarding the cost to Igboho, adding that the judgment of the lower court was not supported by any evidence but by two affidavits.

He said Justice Akintola cannot assess damages using his own conceived parameters as there was no evidence that quoted the value of damages at Igboho’s residence.

The court further held that there was no evidence including an autopsy to support the claim that two people were killed in the activist’s residence during the invasion.

Justice Hassan also ruled that the lower court assumed jurisdiction of the case to look at the enforcement of the fundamental human rights suit filed by Igboho without looking at the merit of the case, adding that the court should not have assumed jurisdiction of the case without looking at its merit.

According to Justice Hassan, the case did not qualify under the enforcement of human rights because there is a threat to national security.

“When there is a threat to national security, the enforcement of fundamental rights is secondary. I have read the judgement of the lower court and Article 20: 1 of the African charter on self-determination and Article 3 and 4 of the United Nations charter on rights of the indigenous people which the judgment was based upon.

“A statute cannot be treated in isolation. When considering a statute, entire provisions should be considered and not a section. The same charter talks about the sovereignty of a nation; neglecting Articles 27, 28 and 29 of the African charter will not give proper interpretation to it.

“Articles 3 and 4 of the United Nations charter have not been domesticated in Nigeria. No international treaty shall have a force of law without being treated by the national assembly, and an international treaty does not become binding unless enacted into law by the national assembly.

“Therefore, the United Nations declaration is not enforceable in Nigeria. The judge acted on the wrong principles of law and the action of the respondent constitutes a threat to the unity of Nigeria. The respondent has no right to take up arms against Nigeria,” Justice Hassan held.

Justice Hassan resolved issues 1, 4, 5 and 6 in the applicant’s favour and resolved issues 2 and 3 in favour of the respondent. He subsequently held that the lower court lacks the jurisdiction to entertain the suit and set aside the judgement, ordering that respective parties in the case should bear their costs.

Reacting to the judgment, the legal head of DSS in Oyo State, Barr. Nurudeen Abdulrahman said the judgement affirmed the position of the 1999 constitution.

Counsel to Igboho, Chief Yomi Alliyu (SAN) also commended the judge for a well-considered judgement.

 

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