An Oyo State High Court sitting in Ibadan has dismissed the N5 billion defamation suit filed by the Aareonakakanfo of Yorubaland, Gani Adams, against Yoruba Nation activist, Sunday Adeyemo, popularly known as Sunday Igboho.
Justice O.T. Ademola-Salami, who presided over the matter, also awarded N500,000 in costs against Adams in favour of Igboho.
The case, with suit number M/1006/2004, was filed by Adams through his legal counsel, Sikiru Akinrele. He sought the enforcement of his fundamental rights, claiming that Igboho had injured his reputation in his capacity as the Aareonakakanfo of Yorubaland. He demanded N5 billion in damages.
Adams alleged that Igboho had secretly recorded a telephone conversation involving him and another individual without his consent, thereby violating his right to privacy under Section 37 of the 1999 Constitution (as amended).
Among the reliefs sought by Adams was 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.”
He also sought 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.”
At the April 30, 2025, hearing, Akinrele urged the court to grant the reliefs requested and enforce his client’s rights. However, counsel to Igboho, Junaid Sanusi, filed a counter-affidavit and a written address in opposition, both of which he adopted in court.
Sanusi argued that Adams’ suit was procedurally flawed because,
“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.”
After hearing both sides, the court adjourned judgment to Thursday, July 3, 2025.
Delivering judgment, Justice Ademola-Salami dismissed the case, stating that Adams’ affidavit was defective as it was not personally deposed to by him or by someone who was directly informed by him.
“The affidavit in support of the claims of the applicant (Gani Adams) was defective, having not been deposed to by the applicant or a person informed by him,” the court ruled.
The judge also agreed with the defence that Adams had not provided sufficient proof that Igboho tapped his phone.
“Adams failed to prove that his telephone line was tapped by Sunday Igboho, assuming that the affidavit was even regular as submitted by the defendant’s counsel in his oral argument.”
Notably, Adams and his counsel were absent during the ruling.
