Olasupo Ojo, Coordinator of Legal Affairs for Yoruba Nation agitator, Chief Sunday Adeyemo, fondly called Sunday Igboho, has said the agitator was not seeking asylum in Germany but has a resident permit in the European country.
This is even as Oyo State High Court sitting at Ibadan, will tomorrow hear his application seeking to move an order of interim injunction pending the hearing of the main suit for an order restraining the Attorney General, of the Federation, Mr Abubakar Malami SAN, and the Department of State Services, DSS, from further breaching his fundamental human rights.
Meanwhile, the Federal High Court in Abuja yesterday deferred hearing of the fundamental right enforcement suit the 12 persons arrested at Igboho's residence filed to be released from detention.
Ojo, who is former President of the Committee for the Defence of Human Rights, CDHR, and legal adviser of Ilana Omo Oodua, told Vanguard yesterday: "Sunday Igboho does not require asylum in Germany, he has a residence permit in Germany, his wife and children are there, so he does not require asylum.
"His wife and children are citizens of Germany and so, he has a right to reside there as long as he has his permit. He is not seeking asylum in Germany."
Giving an update on the condition Sunday Igboho is being kept in Benin Republic prison, he said: "Benin prison is better than the police station, he has the right to visitation by his lawyer, wife and well-wishers but there is nothing like freedom, no matter how comfortable that place may be."
On his state of health, he said: "I spoke with him on phone, he is in very high spirit. He has not committed any offence and he keeps telling anybody that he has not committed any offence.
"If anyone has committed any offence, it is the Nigerian government and the Department of State Services, DSS, that raided his residence. Raid is unknown to law, raid means an attack to kill and to destroy and it is unlawful and illegal.
"All they are trying to do is to look for justification for that raid but illegality cannot be justified by whatever means.
"There is no conviction, he has no criminal record anywhere and so, the onus is on the Nigerian government to face the reality. That is my advice to them.
"It is not only Sunday Igboho that has been attending rallies in Oyo, Ogun, Kwara, Ekiti, Ondo and Osun states, but millions of Yoruba also attended those rallies and no single one of them was arrested."
Similarly, Oyo State High Court sitting in Ibadan will tomorrow hear the application of Yoruba Nation agitator, Chief Sunday Adeyemo, popularly known as Sunday Igboho, seeking to move an order of interim injunction, pending the hearing of the main suit for an order restraining the Attorney General, of the Federation, Mr Abubakar Malami SAN, & DSS from further breaching his fundamental human rights.
The hearing will be heard at Court 7, Ring Road, Ibadan.
Igboho had on July 23, 2021, filed a N500billion suit before an Oyo High Court sitting in Ibadan, against the Attorney General of the Federation, Mr Abubakar Malami SAN, and DSS over alleged breach of his fundamental rights.
Other respondents in the suit are the Department of State Services, DSS, and director, State Security Service Oyo State.
Igboho is seeking for reliefs that the invasion and malicious damage of his residence at Igboho Villa, 1, Dalag Street, Off Soka Bus Stop, Soka Area, Off Lagos Ibadan Expressway, Ibadan and properties on July 1, 2021, by the 2nd and 3rd respondents is a violation of his fundamental right to privacy and that of his home as guaranteed and protected by Sections 37, 43 and 44 of the Constitution, of Nigeria 1999, as amended and African Charter on human and peoples rights (Ratification and Enforcement)Act, 2010.
The Applicant, through his counsel, Chief Yomi Alliyu SAN, is also seeking an order of the court compelling the respondents jointly and severally to pay Igboho the sum of N500 million as special damages for the damage done to his car and residence.
He said the order of the court awarding the sum of N500billion was exemplary and aggravated damages, for breaching the applicant's fundamental rights in the course of illegal and malicious invasion of his residence.
"An order of injunction restraining the respondents, their agents, privies and associates in other security forces, including Amotekun, and anybody acting on their behalf, and or instructions, from blocking the accounts of the applicant in any bank or placing no debit thereon and directing them to lift same where they had so acted," Alliyu said.
Alliyu is also asking for an order of court, directing the respondents to tender public apology in two national dailies for breaching the applicant's fundamental rights.
He is further seeking an order of injunction restraining the respondents, their agents, privies and associates in other security forces, and anybody acting on their behalf, and or instructions from arresting, detaining, molesting, harassing, or in any way interfering with his personal liberty, freedom of movement and peaceful enjoyment of his property without fear of invasion of his home by the respondents and their agents.
He further asked for an order directing the respondents to return all the items legally belonging to the applicant which were allegedly seized from his house, which are as follows: N2 millon cash, £1,000 Euros, travel documents, including International passports, belonging to the applicant and family members.
"Gold jewellries and wrist watches, iPhone 12, Mobile Phone, Samsung fold mobile phone and other items yet unknown to the applicant carted away by the 2nd and 3rd respondents in the course of their illegal invasion or raid of the applicant's house, save guns and ammunition harvested by them from their armories, including two guns belonging to police escorts of one of the guests of the applicant and purporting same to be the applicant's," The SAN said.
Igboho, who is currently standing trial in Contonou, Benin Republic, is seeking a declaration that invading and/or blocking his assets and putting no debit order on his bank accounts is violation of his fundamental right to own property and wealth, as guaranteed by 1999 constitution and Article 21 of African Charter on human and peoples rights.
The applicant is seeking for a declaration that the respondent's resolute in preventing the applicant from propagating his belief, in association with other like minds in creating a Yoruba Nation and/or Oduduwa Republic for his indigenous Yoruba people and hunting him with gun, with a view to arresting him dead or alive, when he has not called for war in achieving same, is against his fundamental rights to freedom of thought, conscience and association since campaign for self determination is recognised by Nigerian law and international treaties of organisations to which Nigeria belongs.
A declaration that the applicant and his Yoruba indigenous people have unquestionable and/ or alienable fundamental rights to peacefully campaign and seek self- determination of Yoruba tribe in Nigeria.
In a simjilar development, the Federal High Court yesterday in Abuja, deferred hearing of the fundamental right enforcement suit the 12 persons arrested at Igboho's residence filed to be released from detention.
Justice Obiora Egwuatu adjourned the matter till tomorrow to enable counsel to the detained Applicants, Pelumi Olajengbesi, amend the court processes to reflect their real names.
Olajengbesi, who said he was only granted access to his clients last Friday, had observed that some of the names he previously listed in the court processes, were nicknames of the Applicants.
The development had led to the Department of State Services, DSS, insisting that the listed Applicants the Judge ordered should be produced before the court, were not in its custody.
Consequently, at the resumed proceedings in the matter yesterday, Olajengbesi, secured leave of the court to correct the names of the Applicants.
Meanwhile, the DSS yesterday produced only eight of the detained Applicants before the court.
Those the security agency produced in compliance with an earlier order of the court were Amoda Babatunde (aka Lady K), Tajudeen Erinoyen, Diekola Ademola Jubril, Abideen Shittu, Jamiu Noah Oyetunji, Ayobami Donald, Raji Kazeem and Bamidele Sunday.
Four others, Abdullateef Ademola Onaolapo, Uthman Opeyemi Adelabu, Oluwafemi Olakunle, Okoyemi Tajudeen- were not brought before the court owing to discrepancies in their names.
While adjourning the case, Justice Egwuatu ordered the DSS to produce all the detained persons in court on Wednesday.
It will be recalled that the court had on July 23, ordered the DSS to produce the 12 arrested persons who have been in detention since July 2, before it on July 29.
Justice Egwuatu said the order for production of the Applicants was to enable the court to determine the circumstances surrounding their arrest, and for the DSS to show cause why they should not be released on bail, either conditionally or unconditionally.
However, though the DSS failed to produce the Applicants on the last adjourned date, it however filed a 16-paragraphed counter-affidavit before the court, alleging that the detained persons, alongside Igboho, were known to have "called for violent ejection of herdsmen and threatened violence to perceived enemies of peace and well being of Yorubas."
It told the court that Igboho and his supporters, including the Applicants in custody, "are suspected to be stock piling arms to take over the South Western states in the country.
"That investigation in the matter has assumed wider dimension and sophistication, hence, the Respondents sought and obtained a detention order empowering it to legally detain the Applicants for a period of 14 days, pending the conclusion of investigation," DSS added in the counter-affidavit that was deposed to by one of its operatives, Abdullahi Magaji.
The deponent further averred that security operatives had after a gun battle that took place on the day Igboho's residence was raided, recovered 7 AK 47 rifles, 3 pump action rifles, one stun gun, 221 live rounds of 55.56mm ammunition, 1, 295 live rounds of 7.62mm ammunition, one jack knife and 19 walkie-talkies.
"That the activities of the Applicants in custody constitutes threat to the national security of Nigeria. That any attempt to grant the Applicants bail at this stage of investigation may jeopardize ongoing investigation in the matter," the counter-affidavit by the DSS further read.