The court also set aside the judgment that declared the attack on Igboho’s house as illegal.
The Nigeria's secret police Department of State Services (DSS) had shortly after the judgment that indicted it approached the appellate Court, asking it to nullify the judgment.
The three-man panel of judges led by Justice Muslim Hassan in its ruling stated that the Oyo State High Court ignored the grounds for the case in acquiring jurisdiction and that the judge should not have decided on the award of damages based on his own preferences.
Justice Ladiran Akintola of Oyo State High Court had on September 17, 2021 while delivering judgment on a fundamental human right enforcement suit declared the raid conducted by the Department of State Service on the residence of Yoruba nation agitator, Sunday Adeyemo, popularly known as Sunday Igboho, in Ibadan as illegal.
The court had also ordered DSS to pay N20billion to Igboho as exemplary and aggravated damages.
Akintola had described DSS’ action as “arbitrary aggression and prejudices” against Igboho.
SaharaReporters had reported that the Soka, Ibadan, Oyo State, Nigeria, home of the pro-Yoruba self-determination activist was invaded by men from DSS at about 1:30 am on July 1, 2021, leading to the arrest of 12 of his aides, while Igboho managed to escape arrest.
Following the raid, Igboho sued the Federal Government and demanded damages.
Igboho asked the court to order the respondents to jointly pay him the sum ₦500 million as special damages for the damage done to his house and his car and another ₦500 billion as exemplary and aggravated damages for beaching his fundamental rights with the malicious invasion of his house as well as an order directing the Federal Government and the other respondents to tender a public apology in two national dailies.
Igboho filed the application, through his lawyer, Yomi Alliyu, to enforce his fundamental human rights, pursuant to Sections 33-46 of the 1999 Constitution as amended and relevant articles of the African Charter on Human and Peoples Rights.
The application was filed on July 22 before the Ibadan Division of the Oyo State High Court.
Igboho also sought an order of the court directing the respondents to return all the items seized from the house.
He had listed the items to include, N2 million cash, one thousand Euros, travel documents including international passports belonging to him and his family members, gold jewelry and wristwatches, 2 mobile phones, and other items yet unknown but which were allegedly carted away by the SSS.