The Directorate of State Security (DSS) has asked the Oyo State High Court sitting in Ibadan to give an order, staying the execution of its judgment given on September 17, 2021, in the case of Chief Sunday Adeyemo, popularly known as Sunday Igboho, against the Attorney General of the Federation and two others on various grounds including the fact Igboho, who is in the custody of Beninese security agents, is undergoing extradition procedure back to Nigeria.
The DSS had further asked in the alternative for an order of injunction restraining Igboho from further giving effect to reliefs 8,9, 11 and 15 of the said judgment.
The DSS Motion on Notice was supported by a 16-paragraph affidavit deposed to by Johnson Oluwole, an operative in the Operations Department of State Security Services, Alesinloye, Ibadan where it was averred that the respondents had lodged an appeal at the Court of Appeal, Ibadan division against the judgment of the court and had attached the notice of appeal as an exhibit.
The agency further averred that the economy of the country is in a dire situation and is in the process of recovery from the COVID-19 pandemic and consequently, withdrawing N20bn from the country’s economy will adversely affect the smooth running of the country.
It averred further that “the applicant, Chief Sunday Adeyemo has been declared a fugitive by the Nigerian Police sometime in the month of June 2021. That it is a notorious fact that the applicant was arrested on July 19, 2021, and is currently in the custody of the Beninese security agents undergoing extradition procedure back to Nigeria.
“That it is a fact that the applicant is under investigation by the security agents for treasonable acts that are inimical to the corporate existence of the country. That it is fact that until the applicant is extradited, charged and either convicted or acquitted by a court of law, the payment of the sum of N20bn might facilitate the allegations labelled against the applicant,” the agency averred.
The agency had averred further that until Igboho is extradited back to the country, the enforcement of the judgment especially the payment of N20bn will render a situation of helplessness on a positive judgment of the court of appeal.
However, counsel to Igboho, Chief Yomi Alliyu (SAN), had filed a preliminary objection to the application and had attached an affidavit in support, stating that it amounts to contempt of court to detain Igboho anywhere in the world at the instance of Nigeria after an order of the court that he should neither be arrested, detained or harassed by the government and its agencies.
Alliyu had argued that the budget of Nigeria runs into trillions whilst NSA gets over N136 billion annually; hence paying N20.5b can in no way affect NSA Office or the Federal Government of Nigeria, informing the court that the respondents have not paid N2.05m cost awarded and this according to him amounts to contempt of court.
According to him, “the respondents instead of showing special circumstance why the execution of the judgment should be stayed were attacking the correctness of same and imputing that this honourable court is aiding and abetting criminality by delivering the said judgment. The stay for the execution of judgment is incompetent for their disobedience of court orders.”
In his second application before the court, Alliyu applied for Garnishee Nisi against the Central Bank of Nigeria to pay N20.5billion to his client out of Federal Government monies with CBN. He argued that neither the Appeal nor the stay of judgment execution application affects an application for Garnishee.
The Court agreed and granted Garnishee Nisi. The matter was adjourned till January 12, 2022, for CBN to come and show why the court should not make the Garnishee order absolute.