The Counsel for the Department of State Service (DSS), Idowu Awo, has told the Federal High Court that the case file relating to the Fundamental Human Rights Enforcement application filed by the aides to Sunday Adeyemo, popularly known as Sunday Igboho, was stolen by armed robbers.
Mr Awo on Wednesday told Justice Obiora Egwuatu that his colleague who was bringing the case file to court had boarded a vehicle belonging to armed robbers commonly known as ‘one chance,’ and they took all valuables including the documents.
Leaning on this premise, the counsel sought an adjournment of the case.
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Awo’s plea today came after the 12 associates of pro-Yoruba agitator Sunday Adeyemo also known as Sunday Igboho, instituted a rights enforcement suit against the DSS for being paraded on the media as common criminals.
The suit by Igboho’s associates sought a declaration of court that their detention beyond 48 hours and their media parade without a court conviction constituted a breach on their fundamental rights.
All 12 applicants have also sought an order of perpetual injunction restraining the DSS from interfering with their personal liberty and freedom of expression.
They also prayed for an order granting the sum of 100 million for aggravated and exemplary damages against the DSS for what they term a serial breach of their constitutional rights.
After hearing all sides, Justice Egwuatu ruled that the file of the fundamental rights suit before the court be returned to the registry for reassignment to the regular court.
This, according to the judge, was predicated upon the fact that the annual recess of the High Court is now drawing to a close.
