Sunday Igboho, the embattled Yoruba nation activist, has moved to sue the federal government, the Department of State Services (DSS), and the Minister of Justice, Abubakar Malami, over the raid of his Ibadan residence of July 1, 2021.
Igboho, in a suit filed at the Oyo State High Court in Ibadan, is seeking N500 billion damages, while also praying the court for an order for the enforcement of his fundamental human right.
In the suit, Igboho, through his lawyer Chief Yomi Aliu (SAN), is seeking orders declaring the invasion as a violation of his fundamental human right, and destruction of his property as a violation of his fundamental right to peacefully own property and wealth.
The Nation reports that the suit was filed the day one of his counsel refuted speculations that a Beninese passport was found on the activist.
Igboho’s suit, according to his lawyers, is derived from the fundamental human rights (Enforcement Procedure Rules 2009) and under the inherent jurisdiction of the court as preserved by Section 6 of the 1999 Constitution.
The DSS, following a raid on Igboho’s residence, arrested 12 of his supporters and also said seven AK-47 rifles, ammunition, and charms were recovered from his residence.
However, the embattled campaigner, who is currently standing trial in Cotonou, has denied keeping ammunition in his house, saying the DSS must have come with the said ammunition.
The N500bn sum in the suit is described as “exemplary and/or aggravated damages for breaching the applicant’s fundamental rights in the course of illegal and/or malicious invasion of his residence situate, lying and being at Igboho Villa. No.1, Dalag Street, Off Soka Bus Stop, Soka Area, Off Lagos-Ibadan Expressway, Ibadan.”
Igboho is also asking the court for a declaration that it was “oppressive, malicious, arbitrary and grossly unconstitutional for the 2nd & 3rd respondents to invade” his residence lying and being at Igboho Villa, 1, Dalag Street, Off Soka Bus Stop, Soka Area, Off Lagos-Ibadan Expressway, Ibadan “without announcing who they were and ask the applicant to open his gate but rather shot their way through killing two people including an elderly Imam doing Tahjud (night vigil), shooting at cars thereby destroying them and not sparing animals like cats and dogs in total violation of the intendments of the Fundamental Human Rights’ provision in CFRN, 1999 and African Charter on Human and Peoples Rights (Ratification and Enforcement), Act, LFN 2010 protecting the-dignity of the human person, the sanctity of human life and privacy of citizens and their homes.”
The plaintiff urged the court to declare that the respondents’ resolve in preventing him from “propagating his belief in association with other like minds in creating a Yoruba Nation and/or Oduduwa Republic for his Indigenous Yoruba People and hunting him with gun with a view to arresting him dead or alive when he has not called for war in achieving same is against his fundamental rights to freedom of thought, conscience and association since the campaign for self-determination is recognized by Nigerian Law and international treaties of organizations to which Nigeria belongs.”
Igboho also prayed the court for an injunction restraining the respondents from arresting, harassing or disturbing him in any way that can violate his fundamental human rights.
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