Justice Oladiran Akintola of Oyo state High Court has ordered the extension of the injunction order restraining the Attorney General of the Federation and Minister of Justice, Abubakar Malami, the DSS, their agents or privies from arresting Yoruba nation agitator, Sunday Adeyemo popularly known as Sunday Igboho.
Hearing the fundamental rights suit filed by Sunday Igboho on Tuesday the Oyo State High Court adjourned its ruling and judgement of the suit till September 17.
At the resumption of the Court Abdulahi Abubakar, Counsel to Malami stressed that the court should set aside the August 4 injunction restraining the first defendant, Attorney General of the Federation, Abubakar Mallami said his motion was supported base on four ground supporting it with five paragraphs affidavit in response to counter affidavit.
Abubakar 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.
Counsel to Sunday Igboho, chief Yomi Alliyu said he filed the counter affidavit and written address on 24th August 2021, and that he is adopting and relying on the written the counter affidavit.
Chief Alliyu, (SAN), argued that the application filed by Counsel to the AGF was not properly filed before the court as it was brought outside the 7 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 as at present, there was no motion for the extension of time from them, saying, the Court was not a Father Christmas and that the oral application cannot replace the process mandated by rules of Court.
Counsel to the DSS, T.A Nurudeen insisted on his opposition to the originating summon dated 9th August 2021, and prayed the court to dismiss the application of the applicant .
Earlier, Nurudeen presented some exhibit tag Ds1,Ds2 video clip as an evidence, which shows some outburst of Sunday Igboho on the need for a Yoruba nation.
Nurudeen prayed the court to dismiss the application filed by the applicant stressing that there was no expert report to back up the claims on the clips by the applicant.
Responding to the video clip by the DSS, Chief Alliyu noted that the clip language was not a Court language, he want the court not to grant the prayers of applicant on the defence brought evidence not known to the law.
Therefore justice Akintola extended the Interim order restraining the Attorney General of the Federation, DSS, their agents or privies till next date of adjournment.
It could recalled that Sunday Igboho had on August 4 approached Oyo State High Court sitting in Ibadan,
seeking an order of the court restrainning Department of State Services (DSS) and the Attorney General of the Federation, Abubakar Malami (SAN) from arresting, intimidating, harassing and freezing of his bank accounts.
He wants the same order for his aides and guests who were arrested and taken to Abuja by the DSS men, thus, asking the Court to declare invasion of his Ibadan residence by operatives of DSS on July 1 as illegal and infringement on his fundamental human rights.