Reprieve came the way of Yoruba nation activist, Chief Sunday Adeyemo aka, Igboho and his 12 aides, as two separate courts, one in Oyo State and the other in Abuja, restrained the Attorney General and the Department of State Security Services (DSS) from arresting or harassing him while his 12 aides were also granted bail
Reprieve came the way of Yoruba nation activist, Chief Sunday Adeyemo aka, Igboho and his 12 aides, as two separate courts, one in Oyo State and the other in Abuja, restrained the Attorney General and the Department of State Security Services (DSS) from arresting or harassing him while his 12 aides were also granted bail in Abuja.
Justice Laditan Akintola of Oyo High Court granted an ex-parte motion restraining the Department of State Security (DSS) and Attorney General of the Federation from arresting, intimidating, harassing, and blocking bank accounts of Chief Sunday Adeyemo aka Sunday Igboho. The court also restrained the DSS and AGF from blocking bank accounts of the Yoruba rights activist.
The order was granted following an ex-parte motion moved by his lawyer Chief Yomi Aliu (SAN) at the court on Wednessday. The motion is a fall out from the originating motion seeking N500 billion damages for invasion of his house in Ibadan, the Oyo State capital on July 1.
Speaking after the ruling, Chief Sunday Igboho’s lawyer said “the court has ordered that he must not be arrested, intimidated, harassed, detained, or killed. The court also said that his account should not be blocked.
“The court has proved itself as the defender of the masses. The court has granted permission for him to exercise his fundamental human right of free movement.
“He can now walk freely as a Nigerian and his house must not be attacked. AGF is also a party in this case. I’m sure he will obey this judgment. He is a Senior Advocate. I urge the government to be law-abiding,” he added.
Igboho had through his counsel, Chief Yomi Aliyyu (SAN), filed an application before the court asking for N5bn damages for the destruction of his cars and residence in Ibadan during July 1 raid on his residence by the Department of State Services.
On the other hand, Justice Obiora Egwuatu of the Federal High Court in Abuja granted bail application of the detained 12 associates of Sunday Igboho in response to a request by their counsel to allow his clients to go home after being in DSS custody for over 30 days.
Lawyer to the detained aides, Pelumi Olajengbesi prayed the court to admit the Igboho aides to bail unconditionally.
The DSS lawyer, Idowu Awo, told the court that he was not opposing the bail of eight of the applicants.But opposed the bail of the other four applicants on the ground that the DSS’ investigation has revealed their high complicity in the offence of arms stockpiling.
The DSS lawyer argued that the four aides should not be granted bail in the interest of justice and national security.
“The fear of the respondent is that if granted bail, they will not make themselves available for further investigation and possible prosecution,” Awo argued.
The lawyer to Igboho’s aides, Olajengbesi, prayed the court to discountenance the argument of the DSS as it was unknown to Nigerian law. He submitted that the aides have been detained by the DSS for 34 days and are yet to be charged to court for any offence.
He argued that their continued detention violated the provisions of the constitution and was an infringement on their fundamental human right. He noted that the DSS does not need 34 days to investigate a person that they claimed was found with firearms.
Butresing his argument with the case of Bola Kale Versus The State, he argued that the position of the law is that investigation cannot be indefinite and urged the court to release the 12 aides on bail and assured the court that they will ensure a reasonable surety to give the DSS assurance that the applicants will be available for further investigations.
Delivering the ruling on the application filed by the 12 applicants before the court, the presiding Judge, Justice Obiora Egwuatu, said it is clear that no charge has been brought against Sunday Igboho’s aides since their arrest.
As such, the court held that detaining them without charging them contravenes the provisions of the Administration of Criminal Justice Act and their fundamental rights.
Eight of the applicants, the 1st, 3rd, 4th, 7th, 8th, 9th, 10th, and 11th applicants, were granted bail in the sum of N5million each with surety in like sum resident in Abuja.
The remaining four applicants, the 2nd, 5th, 6th, and 12th applicants, were granted bail in the sum of N10 million each with two sureties in like sum also resident in Abuja.
Among the conditions for admitting the four applicants to bail is that one of the two sureties must be a Federal Government employee not below grade level 12.
The two sureties must also present evidence of three years’ tax payment and the document of their property must be verified by the DSS and the court.
The 12 applicants are however to remain in the custody of the DSS until they are able to perfect all conditions for their bail.
Counsel to the applicants, Pelumi Olajengbesi had prayed the court to grant an order for them to be moved to a Police facility, for fear of a possible manhandling by the DSS, Justice Egwuatu refused to grant that prayer as he said there was nothing before him to support that request.
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