The 12 aides of Sunday Adeyemo, popularly known as Sunday Igboho, have brought a fundamental human rights enforcement action before the Federal High Court Abuja against the Department of State Services for allegedly breaching their constitutional rights serially.
The aides are praying the court for an order granting the sum of N100m being the aggravated and exemplary damages against the DSS.
Among other reliefs, the aides are praying for “a declaration that the applicants have not committed any offence known to law that will warrant intimidation, harassment, and threats of persecution and degradation of their human person by the respondents violating the law.
“A declaration that the detention of the detention of the applicants by the respondent beyond 48 hours as entrenched by the constitution is illegal and violates the applicants’ right to be tried within a reasonable time.”
They are also seeking a declaration that the media parade of the applicants by the respondent without a court conviction is illegal and unlawful as same violated their fundamental right, defamation of their character and right of innocence as provided by the 1999 constitution of Nigeria as amended.
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When the matter was called up before Justice Obiora Egwuatu on Wednesday, the lawyer representing the aides told the court that at the last adjourned date, they were asked to serve their process on the DSS and that they had already done so.
The DSS’ lawyer, Idowu Awo, informed the court that they have received the process filed by the aides and have also filed their counter-affidavit in response on September 6.
One-chance robbers snatch case file
However, Awo informed the court that on September 7, his colleague who was supposed to appear with him in the matter was asked to bring the case file to court.
He said the lady boarded a vehicle, which unknowingly to her, belonged to armed robbers, popularly referred to as ‘one chance.’
The lawyer stated that she was dispossessed of all her belongings including the case file by the armed robbers.
Consequently, he applied for an adjournment to enable him to obtain the CTC and serve Igboho aides’ lawyer their counter-affidavit.
The aides’ lawyer conceded to the adjournment.
Justice Egwuatu held that the matter would not be concluded during the vacation court which ends in a week.
Following this, he ordered that the matter should be sent back to the court registry for it to be reassigned.
Two Igboho aides charged with terrorism
Meanwhile, the DSS has instituted a criminal charge against two of the aides to the Yoruba nation activist, Sunday Igboho.
In the charge marked FHC/ABJ/CR/305/2021, the DSS in a five-count alleged that the two aides of Igboho and others at large conspired to commit an act of terrorism and possessing prohibited firearms.
The DSS also alleged that on or about July 1, 2021, at Igboho’s residence located in Ibadan, Oyo State, the two defendants had in their possession, prohibited firearms including seven AK 47 rifles, three pump-action rifles and one stun gun.
The charges read partly, “That you Jamiu Noah Oyetunji, Amudat Habibat Babatunde adults with others still at large, on or about the 1st day of July, 2021, at the residence of Sunday Adeniyi Adeyemo (aka Sunday Igboho) located at Soka area of Ibadan, Oyo State within the jurisdiction of this court did have in your possession, without lawful authority one thousand, two hundred and ninety-five (1,295) live rounds of 7.62mm ammunition and two hundred and twenty-one (221) live rounds of 5.56mm ammunition contrary to Section 1(3)(c)(v) of the Terrorism Prevention Act CAP 10, 2011 and punishable under Section 1(2) of the Terrorism Prevention (Amendment) Act 2013.
“That you Jamiu Noah Oyetunji, Amudat Habibat Babatunde adults with others still at large, on or about the 1st day of July, 2021, at the residence of Sunday Adeniyi Adeyemo (aka Sunday Igboho) located at Soka area of Ibadan, Oyo State within the jurisdiction of this court did involve yourselves in activities in preparation to commit acts of terrorism contrary to Section 21 of the Terrorism Prevention (Amendment) Act 2013 and punishable under the same section of the Act.”
The DSS also alleged that Amudat Babatunde used her Facebook account to promote terrorist activities.
The PUNCH had earlier reported that the DSS had raided the house of Sunday Igboho on July 1, and arrested 12 of his aides who were detained in its Abuja facility.
The DSS had later freed 10 of them after they had spent over two months in detention and a protracted legal battle.