An Oyo State High Court on Tuesday extended the interim order restraining the Attorney General of the Federation, Abubakar Malami (SAN), and the Department of State Services (DSS) from arresting and intimidating the Yoruba activist, Sunday Adeyemo, popularly called Sunday Igboho.
The court adjourned its ruling and judgement of the suit till September 17.
Justice Oladiran Akintola, while adjourning the ruling and judgement, also ordered the extension of the injunction order restraining the Attorney General of the Federation (AGF) and Minister of Justice, the DSS, their agents or privies from arresting Igboho till September 17.
At the resumption of proceedings, counsel for the AGF, Abdullahi Abubakar urged the court to set aside the August 4 injunction restraining the first defendant, AGF.
He said his motion was hinged on four grounds supported with a five-paragraphed affidavit in response to counter-affidavit.
Abubakar urged the court to disregard the counter-affidavit and written address as well as set aside the subsequent extension of the interim injunction order
filed by the applicant.
Counsel for Igboho, Chief Yomi Alliyu (SAN) said the file is a counter-affidavit and written address filed on August 24, 2021, and that he is adopting and relying on the written counter-affidavit.
Alliyu argued that the application filed by counsel for 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 was an admission that they didn't do it within the required time frame, adding that as at present, there was no motion for the extension of time from them.
According to him, the court is not a Father Christmas and the oral application cannot replace the process mandated by rules of court.
The counsel for the DSS, T. A. Nurudeen insisted on his opposition to the originating summons dated 9th August 2021 and prayed the court to dismiss the application of the applicant.
Earlier, Nurudeen presented some exhibits tagged Ds1 and Ds2 as evidence, showing the outburst of 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 clips submitted by the DSS, Alliyu noted that the language used there was not a language known to the court.
Justice Akintola extended the interim order restraining the Attorney General of the Federation, DSS, their agents, or privies from intimidating or arresting Igboho till the next date of adjournment.