By Oluseye Ojo
The Oyo State High Court, Ibadan yesterday dismissed a N5 billion defamation suit filed by the Aare Ona Kakanfo of Yorubaland, Iba Gani Adams, against a prominent Yoruba nation activist, Sunday Adeyemo, widely known as Sunday Igboho.
Justice O.T. Ademola-Salami, who delivered the judgment also awarded a cost of N500,000 against Adams to be paid to Igboho.
The lawsuit, filed under case number: M/1006/2004, stemmed from claims made by Adams that Igboho had infringe on his fundamental rights by allegedly recording a private telephone conversation without his consent. He alleged that by doing so, Igboho damaged his reputation.
Adams’ legal team, led by Sikiru Akinrele, sought N5billion damages from Igboho, on the grounds that the unauthorised recording violated Section 37 of the 1999 Constitution regarding privacy rights.
Adams sought among other reliefs a declaration that, “It is unlawful, illegal and unconstitutional for anyone to surreptitiously record the private telephone conversation between other persons without the consent and authority of the parties to the conversation.
“A declaration that it is unlawful, illegal and unconstitutional for the respondent to covertly record and publicly release or publish the private telephone conversation between the applicant and another person, without the consent and authority of the applicant.”
When the case was heard on April 30, 2025, counsel to Adams, Sikiru Akinrele, prayed the court to grant his application for the enforcement of his client’s fundamental right and accede to all the reliefs sought in the suit.
However, counsel for Igboho, Mr Junaid Sanusi, informed the court that he had opposed the application and subsequently filed counter affidavit and a written address in support of his counter affidavit both of which were consequently adopted.
He urged the court to dismiss the case of the applicant, contending that, “the applicant did not personally depose to the affidavit in support of his application and the law is that if a third party deposes, he must state the reason why the applicant cannot personally depose to the affidavit in support of his claims.”
The court subsequently adjourned the suit to July 3, 2025 for judgment.
However, Justice Ademola-Salami delivered the judgment in favour of Igboho, whose legal representative, Junaid Sanusi, had argued that Adams’ case was deficient.
The court held that rather than personally endorsing the affidavit supporting his claims, Adams relied on a third party, which was considered as a procedural misstep that ultimately weakened his case.
During the proceedings, it was noted that Adams failed to provide satisfactory evidence that his phone was indeed tapped by Igboho.
The judge stated that the flaws in the affidavit and the lack of personal testimony from Adams were critical in the court’s decision to dismiss the suit.