By Bisi Oladele, Southwest Bureau Chief
The lead counsel for the embattled Yoruba nation agitator Chief Sunday Adeyemo (aka Sunday Igboho), Chief Yomi Alliyu (SAN), has revealed that his decision to ask for N500billion exemplary and aggravated damages for his client at an Oyo State High Court, was to deter the Department of State Security (DSS) personnel from attacking citizens illegally.
The senior lawyer told The Nationyesterday: “There is a case that says when something is rampant and you want to stop it, you must ask for aggravated and exemplary damages. DSS personnel have been raiding citizens’ houses illegally. They won’t stop until this kind of damage is awarded against them. It is to act as a deterrent.”
Asked further how he chose the humongous amount, he said his client had already suffered huge losses by the reason of his house earlier razed. He said the house was worth N300million.
Alliyu added that the July 1 illegal invasion added to the huge loss, given the lives lost and the value to the property vandalised.
“It is to deter them from further illegal raids and invasions,” he stressed.
No single individual has been awarded such huge amount as N20billion damages in Nigerian history.
Justice Ladiran Akintola in his September 17 judgment awarded N20billion as exemplary and aggravated damages against the DSS for invading Igboho’s house on July 1 during which two persons were killed and 12 persons arrested and taken to Abuja. His vehicle and house were also vandalised in the attack.
While giving his judgment, which lasted 78 minutes, the judge granted all the 16 reliefs sought by his legal team led by Chief Yomi Alliyu (SAN). Mr. Dipo Olasope (SAN) and seven other lawyers were in the team.
The prayers included a declaration of the invasion and malicious damage of his property and blocking of his bank accounts as illegal and violation of his human rights. The prayers also included a declaration that invading the house without declaring their identity or asking Igboho to open his gate, but shot through the ceiling was “oppressive, malicious, arbitrary and grossly unconstitutional.” It also included a declaration of attempt to prevent Igboho from agitating for Yoruba nation as a violation of his personal liberty.
It sought N500billion exemplary and aggravated damages for breaching his rights and another N500million for special damages for the damage done to his car and home on July 1.
The team also sought an order restraining the secret police or any government agent from arresting or harassing Igboho, pending the determination of the suit as well as publication of an apology in The Nation and The Punch for the ‘despicable’ act.
The court granted all the reliefs and awarded N20billion damages against the DSS.
Justice Akintola held that the DSS did not deny the invasion, pointing out that the revelation that the female officer that led the invading team loudly instructed the personnel to shoot Igboho dead was a serious threat to his life.
He added that the DSS obviously went after Igboho because of his agitation for self-determination. He said the invasion was based on “arbitrary aggression and prejudice,” in the absence of any evidence that Nigeria was in a state of war.
“It is, therefore, condemnable, reprehensible and crude,” he said.
Akintola said the DSS did not deny the invasion, stressing that it only justified it in its argument.
“The invasion of July 1 amounts to a violation of the applicant’s rights to personal liberty as guaranteed by the constitution. There was no order of court against the applicant (Igboho) for which he has been found guilty to justify the arrest,” he said.
He pointed out that the invasion was a move to stop Igboho from continuing with his rallies for Yoruba nation in Southwest Nigeria, whereas he enjoyed the constitutional right to do so.
“The action of the 2nd and 3rd respondents against the applicant amounts to a violation of his rights to agitate for self-determination as enshrined in the constitution,” he said.
On the claims by counsel for AGF and DSS Abubakar Abdulahi and T. A. Nurudeen that the case did not qualify under the fundamental human rights enforcement procedure, and that Igboho had not provided sufficient evidence to demonstrate that his rights were violated, the judge said Igboho had demonstrated with preponderance of evidence that his rights were violated. He stressed that the alleged embargo placed on his bank accounts were one of such violations.
After considering all things, Justice Akintola said he found merit in the application and described the DSS’ act as “reckless and despicable.”
He said he did not believe that Igboho’s aides exchanged gunfire with the DSS personnel as claimed.
“All issues are hereby resolved in favour of the applicant… This court accordingly grants all the reliefs sought save damages. I hereby award N20billion as exemplary and aggravated damages because of the illegal invasion of the applicant’s house,” he said.
Earlier in the judgment, the court threw out AGF’s application for vacation of the order restraining the DSS from arresting or harassing Igboho while establishing that he has a right to agitate for self- determination.
On arguments by the AGF that the state high court lacked jurisdiction on the suit, the court ruled that both state and federal high courts had concurrent jurisdiction on issues bordering on fundamental human rights despite the fact that the DSS was a federal agency.
Akintola said he would have loved the opportunity to compel the DSS to produce the personnel that invaded Igboho’s house so that they could face the law, but that he could not order it because the relief was not sought by the applicant.
Though Igboho’s lawyer asked for N10 million cost, the court awarded N2 million.
