By Titilope Adako

Yoruba Nation agitator, Chief Sunday Adeyemo, popularly known as Sunday Igboho, has taken his legal battle against the Department of State Services and the Attorney General of the Federation to the Supreme Court.

This follows the Court of Appeal’s decision to overturn a N20bn damages award granted in his favour over the 2021 invasion of his Ibadan residence.

DSS Raid on Igboho’s Residence

In the early hours of July 1, 2021, DSS operatives, alongside Nigerian Army personnel, stormed Igboho’s residence in the Soka area of Ibadan.

The security agency claimed the operation was based on intelligence that Igboho was stockpiling arms to destabilise Nigeria in his push for the Yoruba Nation’s secession from the country.

During the raid, a shootout reportedly occurred between the DSS and Igboho’s associates, resulting in the deaths of two of his supporters, while twelve others were arrested.

The DSS later paraded some of the arrested individuals in Abuja, claiming they recovered seven AK-47 rifles, three pump-action guns, 5,000 rounds of ammunition, and other weapons from the house.

However, Igboho, who was a strong advocate against Fulani herdsmen attacks in the South-West, dismissed the claims, accusing the Nigerian government of attempting to silence him for speaking out against insecurity in the region.

DSS Declares Igboho Wanted

Following the raid, DSS spokesperson Peter Afunanya declared Igboho wanted, stating that he had fled during the invasion.

The agency urged him to surrender and warned that he could not be above the law.

The Federal Government also intensified efforts to track him down.

Igboho Sues DSS for Rights Violation

Following the raid on his residence, Igboho filed a fundamental human rights enforcement lawsuit at the Oyo State High Court, demanding N5.5bn in damages from the DSS, the AGF, and the Oyo State DSS Director. He accused them of unlawful invasion, extrajudicial killings, and destruction of his property.

On September 17, 2021, Justice Ladiran Akintola of the Oyo State High Court ruled in Igboho’s favour, awarding him N20bn in damages against the DSS and the AGF for what he described as arbitrary aggression and violation of fundamental human rights.

The court held that the invasion was unlawful and that the DSS failed to justify their actions.

The judge also ruled that the destruction of Igboho’s property and the killing of his associates were reckless, oppressive, and an abuse of power.

Federal Government Appeals, Court Nullifies N20bn Damages

The Federal Government rejected the High Court ruling and approached the Court of Appeal in Ibadan. In August 2022, the appellate court overturned the N20bn damages, arguing that the lower court had misapplied legal principles.

Justice Muslim Hassan, who presided over the case, ruled that the trial court failed to provide concrete evidence to justify the damages awarded.

He stated that the case did not qualify as a human rights enforcement matter, considering national security concerns.

He also noted that there were no autopsy reports to confirm the alleged killings at Igboho’s residence and that the court should not have awarded damages based on claims without an independent valuation report.

Following the ruling, Igboho’s legal team expressed dissatisfaction, vowing to challenge the decision at the Supreme Court.

Igboho Appeals to Supreme Court

On March 11, 2025, Igboho, through his lawyer Yomi Aliyu (SAN), formally filed an appeal at the Supreme Court, arguing that the Court of Appeal erred in its decision.

His legal team contends that the DSS never denied in court that they killed two people during the raid, so it was not Igboho’s duty to provide autopsy reports.

They argue that the Court of Appeal wrongly dismissed the special damages awarded by the trial court, despite affidavit evidence and expert valuation of property damage.

The trial judge’s assessment of aggravated and exemplary damages, they maintain, was consistent with legal principles and not excessive.

Additionally, they claim the DSS and AGF filed their response at the Court of Appeal outside the stipulated timeframe, making their submissions invalid.

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