Igboho approaches s’court, seeks to void judgment nullifying N20bn damages against DSS

Sunday Adeyemo, the Yoruba youth activist known as Sunday Igboho, has filed an appeal before the supreme court challenging a judgment of the court of appeal that nullified the N20 billion damages awarded to him against the Department of State Services (DSS).

In July 2021, Igboho was arrested in Cotonou, Benin Republic, over the alleged falsification of his passport.

Before his arrest, the DSS had declared him wanted for allegedly stockpiling weapons in his Ibadan residence.

On September 17, 2021, Igboho sued the attorney-general of the federation (AGF) and the DSS, demanding N5.5 billion in damages for the raid on his home.

Ladiran Akintola, who presided over the fundamental human rights suit, directed that N20 billion be paid for exemplary and aggravated damages.

The federal government appealed the judgment, and in August 2022, Muslim Hassan, the appellate court judge, ruled that the lower court lacked jurisdiction to entertain the matter and set aside the judgment.

He said the lower court judge ought not to have awarded the cost based on his personal parameter.

Hassan also described the cost awarded as “outrageous”.

Dissatisfied with the appellate court judgment, Ighoho, through his lawyer, Yomi Aliyu, has filed an appeal dated March 11, 2025, before the apex court.

He argued that the court of appeal erred in its judgment.

Igboho submitted that it was not his duty to produce autopsy reports for those allegedly killed, noting that the DSS did not deny the killings in court.

He also faulted the appeal court for rejecting special damages due to the absence of a valuation report, despite affidavit evidence and expert invoices detailing the losses.

He maintained that the aggravated and exemplary damages assessed by the trial judge were neither irrational nor inconsistent with legal principles.

The youth activist contended that the DSS and AGF’s response at the court of appeal was filed outside the stipulated timeframe, raising questions about the validity of their submissions.

Igboho has asked the apex court to overturn the court of appeal’s decision.