justice Ladiran Akintola of Oyo State High Court 7 has rejected an application by the Attorney General of the Federation (AGF) Abubakar Malami (SAN) for vacation of the order restraining him and security agencies from arresting or harassing Chief Sunday Adeyemo (aka Sunday Igboho) pending the determination of the suit.
The judge rejected the application during yesterday’s sitting when it was raised by Malami’s lawyers.
The lawyers had prayed the court to vacate the order because it was an interim injunction which should not last longer than seven days.
The order was given on August 4.
But the judge posited that vacating the order could render the eventual judgment in the suit nugatory should Igboho be killed before it (judgment) is given.
He extended the order till the next date of hearing.
Counsel to the Department of State Security (DSS), Mr. T. A. Nurudeen, later asked for an adjournment to enable him file his further affidavit to the counter-affidavit filed by Igboho’s lead counsel, Chief Yomi Alliyu (SAN), on the preliminary objection raised by Malami that the court lacks jurisdiction to entertain the suit.
Alliyu initially objected to this position, saying rules of court only allow parties five days to file their reply, being a fundamental human rights enforcement procedure suit.
But the judge ruled that the respondents could still ask for more time since Nurudeen proved that he had not been officially served the counter-affidavit.
The court adjourned till September 7 for hearing.