Igboho A Fugitive Is Being Extradited To The Country- DSS

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The DSS stated in a 16- paragraph affidavit in support of a Motion on Notice to Stay the Execution of the Court’ s Judgment in Suit No/M/435/2021 and an injunction pending the determination of the pending appeal, sworn to on behalf of the DSS by one of its operatives, Johnson Oluwole, and filed before the court on Monday, November 22, 2021.

” That it is a fact that the applicant Chief Sunday Igboho was proclaimed a fugitive by the Nigeria Police Force sometime in June 2021, ” it stated.

” That it is true that the applicant was apprehended on July 19, 2021, and that he is now in the custody of Beninese security officials, awaiting extradition to Nigeria. ”

” It is a truth that one of the reliefs given by the court is for the respondents to pay the plaintiff N20 billion. ”

” It is a well- known truth that the country’ s economy is in a bad state and is still recuperating from the COVID- 19 epidemic, as evidenced by data. ”

” It is a reality that removing N20 billion from the country’ s account will have a negative impact on the country’ s smooth operation. ”

” It is a reality that the applicant is being investigated by security authorities for justifiable conduct that are detrimental to the country’ s business life. ”

” That it is a fact that until the applicant is extradited, prosecuted, and either convicted or acquitted by a court of law, payment of the sum of N20 billion may assist the charges leveled against him. ”

” That it is a reality that the implementation of the decision, particularly the N20billon, will produce a position of helplessness on a positive ruling of the court of appeal until the applicant is extradited to the county. ”

Igboho raises a preliminary objection against the DSS, requesting a stay of execution.

” At the resumed hearing of the matter, Igboho’ s counsel, Yomi Alliyu, SAN, filed a preliminary objection and attached a sworn affidavit stating that detaining Igboho anywhere in the world at the instance of Nigeria after an order of Court that he should not be arrested, detained, or harassed by the Respondents amounts to contempt of court. ”

According to Alliyu, Nigeria’ s budget is in the trillions of dollars, while the National Security Adviser, or NSA, receives over N136 billion yearly; hence, paying N20. 5 billion will have no impact on the NSA Office or the Federal Government.

He further informed the court that the Respondents had failed to pay the N20. 5 billion cost award, and that all of this amounts to contempt of court.

On seeing the preliminary objection, DSS’ s lawyer, P. O. Fabiyi, stated he came to withdraw their petition since the 1st Respondent had taken over the prosecution of the case. ”

The court, on the other hand, reminded him that the Attorney- General of the Federation was always involved in the case.

Alliyu also filed a Garnishee Nisi application against the Central Bank of Nigeria, CBN, seeking payment of N20. 5 billion from Federal Government funds held by CBN. ”

As a result, Justice Akintola set a date for the CBN to appear on January 12, 2022, to show cause why the Garnishee order should not be made absolute.

Source: Mcebiscoo.com

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