Pelumi Olajengbesi, lawyer to the detained aides of Yoruba Nation agitator, Sunday Adeyemo, fondly called Sunday Igboho, yesterday, said the Department of State Services, DSS, will be damaging Nigeria’s reputation by refusing to comply with court orders granting bail to 12 of his clients.
The lawyer stated this in a letter to the DSS, titled: Request for the Release of Amudat Babatunde and Jamiu Oyetunji, Already Granted Bail by the Federal High Court but still In your Custody’.
The DSS, last week, freed 10 of the 12 aides of Igboho, after over 60 days in detention, following their arrest since July 1.
The DSS had, during a midnight invasion of Igboho’s Soka house in Ibadan, Oyo State, arrested 12 of the activist’s allies and whisked them away to Abuja, where they had been kept in detention.
The detainees had approached the court to seek their fundamental rights to freedom.
Justice Obiora Egwuatu of the Federal High Court sitting in Abuja had on August 4, 2021, granted bail to the 12 detainees.
The letter reads: “The continuous incarceration of the Applicants particularly Amudat Habibat Babatunde, a single mother with aged parents and the sole bread-winner of her family who since her arrest by your agency lost all contact and possible means to see and fend for the welfare of her children and aged parents, have greatly affected their families and caused untold regression of their health.
“While we respect the intentions of the Service to charge the detainees pursuance to the laws of the land, it is equally imperative to note that same law has granted them bail and a further direction has been made by the Court that the detainees should report to the SSS on the first Monday of every month which we shall ensure that the detainees obey.
“We strongly believe that respecting an order of the court is a mandatory responsibility and the SSS being a creation of law and an agency that prides itself on the strict observance of the Rule of Law will be damaging the reputation of the country by refusing to comply with same for any reason.
“In view of this, we appeal that in the interest of justice, respect of the rule of law and the mental welfare of the detainees and their family, that the SSS effect their release in accordance with the bail order of court even as we assure the agency of their availability at any time they are needed afterwards.”
Court further restrains AGF, DSS from arresting Sunday Igboho
Meanwhile, a High Court sitting in Ibadan, Oyo State, yesterday, extended its order of interim injunction against any moves to arrest Sunday Igboho.
Abdulahi Abubakar, counsel to the first defendant, Attorney General of the Federation Abubakar Mallami had at the resumption of the court pleaded that the injunction given on August 4, restraining the arrest of Igboho be set aside, adding that his motion was supported based on four grounds supporting it with five paragraph affidavit in response to counter affidavit.
He also urged the court to disregard the counter-affidavit and written address and also set aside the subsequent extension of the interim injunction order filed by the applicant.
Yomi Alliyu SAN, counsel to Igboho said the file is counter-affidavit and written address on 24th August 2021, and that he is adopting and relying on the written counter affidavit.
He argued that the application filed by Counsel to the AGF Malami was not filed properly before the court stating that it was brought outside the seven days stipulated by order 4, rule 6 of the fundamental human rights procedure rule 2009.
Counsel to the DSS T.A Nurudeen had earlier presented two video clips as exhibits tagged Ds1 and Ds2 which showed an outburst of Igboho on the need for the Yoruba nation.
Justice Akintola then extended the interim order restraining the AGF, DSS and their agents or privies.
He adjourned its ruling and judgement of the suit till September 17, 2021.