An Oyo State High Court sitting in Ibadan has rejected the application by the Attorney General of the Federation (AGF), Abubakar Malami (SAN), for vacation of the order restraining him and security agencies from arresting or harassing Yoruba nation agitator, Chief Sunday Adeyemo, aka Sunday Igboho, pending the determination of the suit.
The presiding judge, Justice Ladiran Akintola, rejected the application at the resume hearing of the matter on Monday.
The lawyers to the AGF had argued that court should vacate the order because it was an interim injunction which should not last for more than seven days. The order was given on August 4.
But the judge submitted that vacating the order could render the eventual judgement in the suit nugatory should Igboho be killed before it (judgement) is given. He extended the order till next date of hearing.
Counsel to the Department of State Security (DSS), Mr T. A. Nurudeen, asked for adjournment to enable him file his affidavit to the counter affidavit filed by Igboho’s lead counsel, Chief Yomi Alliyu (SAN), on the preliminary objection raised by Malami that the court lacks jurisdiction to entertain the suit.
Alliyu initially objected to his position, stressing that rules of court only allow parties five days to file their reply being a fundamental human rights enforcement procedure suit.
But the judge ruled that respondents could still ask for more time since Nurudeen proved that he had not been officially served the counter affidavit.
The court then adjourned further hearing of the matter till September 7.
Speaking with reporters, Alliyu said his team were currently more concerned about the plight of its clients being held by the DSS in Abuja against court order.
“We are mostly concerned with what is happening in Abuja. A court of law ordered that 12 people should be released and the DSS is sitting on that judgement. I have reminded them in my press release that the DSS leader should learn from Ibrahim Magu (former acting Chairman of EFCC). If you think you are in authority today, tomorrow, you may find yourself in the same trap which you set for your enemy. And I will implore everybody in this government, especially senior lawyers in this government, to advise this government against disrespecting the order of court. These people have not taken to arms. They have not done anything. We have shown that fundamental human rights involve self-determination. They are merely asking for self-determination.
“You arrested them, murdered two where you arrested them, you destroyed house and cars. Yet, they have not taken to arms. They went to court to ask for their fundamental human rights. Court granted them bail. They perfected the bail but DSS now gave an excuse that it got an application from somebody else asking for the same relief. A man said in 1946: “They first came for communists, I didn’t do anything because I was not a communist. They came for socialists and I was not concerned because I was not a socialist. They came for Jews, I did not raise an eyebrow because I’m not a Jew. They later came for me and nobody was there to defend me,” Alliyu said.