Justice Ladi Akintola of Oyo High Court has again restrained the Department of State Security (DSS) and the Attorney General of the Federation (AGF), Abubakar Malami from arresting Yoruba Nation agitator, Sunday Igboho.
Recall that the court had earlier issued an order of interim injunction against moves to arrest the Yoruba nation agitator.
At the resumed hearing on Tuesday, counsel to Malami, Abdulahi Abubakar, pleaded that the injunction given on August 4, restraining the arrest of Igboho is set aside.
He added that his motion was supported based on four grounds, supporting it with five paragraphs affidavit in response to a counter-affidavit.
He also urged the court to disregard the counter-affidavit and written address and also set aside subsequent extensions of the interim injunction order filed by the applicant.
Counsel to Igboho, Chief Yomi Alliyu (SAN), said the file is counter-affidavit and written address on August 24, 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.
Aliyu added that at the moment, there was no motion for a time extension, saying that the oral application cannot replace the process mandated by court rules.
Counsel to the Department of State Services, 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 a Yoruba nation.
He maintained his stand against the originating summon on August 9 and urged the court to dismiss the application, adding that there was no expert report to back up the claims on the clips by the applicant.
In response to the video clip by the DSS, counsel to Igboho, Yomi Aliyu said that the language in the clip is not a court language and urged the court to grant the prayer of the applicant on the presented evidence, which is unknown to law.
Justice Akintola then extended the Interim order restraining the Attorney General of the Federation, DSS, their agents or privies.
He then adjourned its ruling and judgement of the suit till September 17.
Source: Naija News