July 03, (THEWILL) — An Oyo State High Court sitting in Ibadan has dismissed a N5bn fundamental rights enforcement suit filed by the Aare ona kakanfo of Yorubaland, Chief Gani Adams, against Yoruba Nation agitator, Chief Sunday Adeyemo, popularly known as Sunday Igboho.
In the suit marked M/1006/2024, Adams accused Igboho of secretly recording a telephone conversation between him and another individual without his consent, and of using the content to defame him.
He claimed the act violated his constitutional right to privacy and demanded N5bn in damages.
Through his counsel, Sikiru Akinrele, Adams urged the court to declare the alleged recording and publication of the conversation as “unlawful, illegal, and unconstitutional,” citing a breach of Section 37 of the 1999 Constitution (as amended).
However, Igboho, through his lawyer, Junaid Sanusi, urged the court to dismiss the case, arguing that the suit was fundamentally defective.
He noted that the supporting affidavit was neither deposed to by Adams himself nor by anyone who confirmed being duly briefed by him.
Delivering judgment on Thursday, Justice O.T. Ademola-Salami struck out the suit for lacking merit and awarded N500,000 in costs against Adams.
The court held that the affidavit submitted by the applicant was defective, as it was not sworn to by Adams or by anyone shown to have firsthand knowledge of the facts.
The judge further ruled that, even if the affidavit had been valid, Adams failed to provide credible evidence that Igboho tapped his telephone line.
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