From Bamigbola Gbolagunte, Akure
Yoruba Nation agitator, Chief Sunday Adeyemo, popularly known as Sunday Igboho has approached the Supreme Court to seek the reversal of judgment of the Court of Appeal, which set aside the N20 billion exemplary and aggravated damages awarded to him against the Federal Government.
Department of State Services (DSS) operatives had on July 1, 2021, raided Igboho’s residence in Ibadan, killing two persons and destroying properties, including cars and other valuables.
Igboho had dragged the DSS and the Attorney General of the Federation (AGF) before an Oyo State High Court for violation of his fundamental human rights.
Justice Ladiran Akintola, who adjudicated on the matter in September, awarded #20Billion damages against the Federal Government.
But a judgement delivered in August 2022, by Justice Muslim Hassan of the Ibadan Division of the Appellate Court nullified the Oyo State High Court judgment that declared the attack on Igboho’s house illegal, describing the award of damages against the Federal Government as outrageous.
However, Igboho, in a suit marked SC/CV/1436/22 filed by his counsel, Yomi Alliu before the Supreme Court and dated March 10, 2025, listed 19 grounds of appeal.
Joined as defendants in the suit include the Attorney General of the Federation, Department of State Services (DSS) and Director of DSS in Oyo State.
According to the court documents, obtained by our correspondent on Wednesday, Igboho wants the apex court to determine among others “whether his fundamental rights had been breached and/or threatened to be breached thereby situating his application in fundamental rights enforcement proceeding than in torts as held by the Lower Court. (Grounds 1 & 2)
“The plaintiff also wants the Supreme Court to determine: “Whether the Lower Court could discountenance, as it did, the preliminary objections raised by the appellant simply because it was raised in his brief and because there were other good grounds that could maintain the appeal (Grounds 3, 4 & 5).“
“Whether the appellants’ brief filed by the respondents at the Lower Court out of time stipulated by the rules is competent and whether same could be deemed to have been waived by the respondent (now the Appellant) by filing respondent’s brief thereafter (Grounds 6, 7 & 8).
“Whether an application for extension of time to file an additional record of appeal could be used to cure fundamental default in not filing the original record of appeal within time as allowed by the learned Justices of the Lower Court. (Ground 9).
“Whether the Lower Court was right in holding that the award of special damage was wrong for not being supported with valuation report notwithstanding the uncontradicted affidavit evidence sup-ported with exhibits showing items damaged and invoices submitted by experts in the field (Grounds 17 & 18).”
“Whether it is not the duty of a government agency like the respondents to prove beyond reasonable doubt that illegal arms allegedly recovered from the house of a citizen was as alleged moreso when apart from the video recordings they made there, the respondents also made away with CCTV in the house. (Ground 15).
“Whether the assessment of aggravated and/or exemplary damages by the learned trial judge is unilateral and/or irrational and not in compliance with laid down rules for assessing same (Ground 16).