A State High Court in Ibadan has dismissed a plea by the Attorney General of the Federation (AGF), Abubakar Malami (SAN), to halt the hearing of a suit filed by embattled Yoruba nation activist, Sunday Adeyemo, also known as Sunday Igboho, against the Federal Government.
Recall that Sunday Igboho had filed the lawsuit when agents from the Department of State Services (DSS), a federal government agency, broke into his Ibadan home on July 1.
In Abuja, the Federal High Court clarified that a judge was on the ground to sign an August 4 bail warrant of the aides and associates of the agitator by Justice Obiora Egwuatu.
It blamed their counsel for failing to approach Justice A.R. Mohammed, who alternates as a vacation judge, for the release of the detainees.
Malami had in his motion on notice raised a preliminary objection against Adeyemo’s suit.
He argued that the Oyo State High Court lacked the jurisdiction to entertain the matter.
The Attorney-General was represented in the court yesterday by a team of 10 lawyers led by Abdulahi Abubakar. On the team were Adekola Olawoye (SAN) and Oladipo Olasope (SAN).
Malami asked for a time extension to enable him to file further processes in opposition to Igboho’s application.
But the motion was opposed by Igboho’s counsel, led by Chief Yomi Alliyu (SAN) because time is of the essence.
Alliyu argued that the law stipulates that replies shall be given within five days, stressing that Malami had nowhere to hide because the case is about fundamental human rights.
He also pointed out that by filing the motion on notice, Malami had called for the discretion of the court.
He, therefore, urged Justice Ladiran Akintola to exercise discretion instead of granting Malami’s application.
Counsel for the second and third respondents (the DSS and the director of DSS in Oyo State), T. A. Nurudeen, did not oppose the application
After listening to both parties, Justice Akintola allowed Malami’s lawyers to move his application but awarded N50,000 cost against the Attorney-General.
He adjourned the hearing to August 30.
Malami had in his preliminary objection, argued that the claims of unlawful killing of Igboho’s aides cannot be brought under fundamental human rights enforcement procedure.
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