The Attorney General of the Federation and Minister of Justice, Abubakar Malami, has failed in his bid to stop hearing a suit instituted against the Federal Government by Yoruba Nation activist, Sunday Adeyemi, aka Sunday Igboho as a High Court in Oyo State has rejected his (Malami’s) request.
Igboho is challenging the invasion of his Soka house in Ibadan on July 1 by operatives of the Department of State Services (DSS). But Malami in his motion on notice raised a preliminary objection against the suit. He argues that the Oyo State High Court lacked the jurisdiction to entertain the matter.
The Attorney-General was represented in the court on Wednesday by a team of 10 lawyers led by Abdulahi Abubakar. On the team were Adekola Olawoye and Oladipo Olasope.
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.
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.
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.
He also argued that claims of damages and unlawful invasion cannot be resolved by way of affidavit evidence without calling witnesses, among others.
Igboho is, among others, seeking an order of the court to declare the invasion of his residence by DSS operatives as illegal and an infringement on his fundamental human rights.
He wants the same order for his detained aides and associates.
Meanwhile, the Federal High Court, Abuja on Wednesday said a judge was on the ground to sign an August 4 bail warrant of the detained associates of the agitator issued by Justice Obiora Egwuatu.
The court blamed their counsel for failing to approach Justice A. R. Mohammed, who alternates as a vacation judge, for the release of the detainees.
Twelve associates of Igboho were arrested by the DSS when it raided the residence of the agitator in Ibadan on July 1. Two of his associates were killed during the raid.
The DSS accused Igboho of stockpiling arms and ammunition to wreak havoc in the country, an allegation the agitator has since denied.
Igboho escaped the bloody invasion of his home but was arrested in Cotonou, Benin Republic some days later, while trying to travel to Germany.
