An Ibadan High Court presided over by Justice Ladiran Akintola, Tuesday fixed September 17 to deliver judgment on the fundamental rights suit filed by Yoruba nation agitator, Chief Sunday Adeyemo (aka Sunday Igboho).
The judge also ordered the extension of the injunction order restraining the Attorney General of the Federation (AGF) and Minister of Justice, the Department of State Services (DSS), their agents or privies from arresting Igboho till the day of the judgment.
Igboho, in suit No M/435/2021, by his counsel, Chief Yomi Aliyu (SAN), had dragged the AGF, the State Security Service (SSS) and Director, State Security Service (SSS), Oyo State to court, arguing that his life was in danger.
At the resumption of the court proceedings Tuesday, the counsel to the AGF, Mr. Abdulahi Abubakar, urged the court to set aside the restraining order, stating that a motion supported on four grounds with five paragraphs affidavit had been filed against the counter affidavit motion filed by Igboho.
He urged the court to disregard the counter affidavit and written address as well as setting aside subsequent extension of the interim injunction order filed by the applicant.
In his response, the counsel to Igboho, Aliyu, insisted on adopting the counter affidavit and written address filed on 24th August, 2021, arguing that the application by the counsel to the AGF was not properly filed before the court as it was brought outside the seven days stipulated by order 4, rule 6 of the fundamental human rights procedure rule 2009.
He stated that their reply on point of law is admission that they are not within time, adding that at present, there was no motion for the extension of time from them and the court is not a father Christmas as the oral application cannot replace the process mandated by the rules of the court.
On his part, the counsel to the DSS, Mr. T. A. Nurudeen, insisted on his opposition to the originating summons dated 9th August 2021, praying the court to dismiss the application of the applicant.
Nurudeen also presented some exhibits tagged Ds1, Ds2 video clip as an evidence, which showed some outburst of Igboho on the need for a Yoruba nation, urging the court to dismiss his application.
Aliyu, in his response to the video clip, noted that the language was not a court language, urging the court to grant the prayers of his counsel.
Justice Akintola, while adjourning the case for judgment, similarly extended the earlier interim order slammed on the AGF, the DSS, their agents or privies till September 17.