“Affidavit In Support Of Claims Was Defective” — Court Dismisses Gani Adams’ N5bn Defamation Suit Against Sunday Igboho, Awards N500,000 Cost

An Oyo State High Court 15, sitting in Ibadan, and presided over by Justice O.T. Ademola-Salami, on Thursday, dismissed a N5 billion defamation suit instituted by the Aareonakakanfo of Yorubaland, Chief Gani Adams, against the Yoruba nation activist, Chief Sunday Adeyemo, popularly known as Sunday Igboho.

Besides, the court also awarded a cost of N500,000 against Adams in favour of Igboho.

It is recalled that in the suit marked M/1006/2004, the applicant had, through his counsel, Sikiru Akinrele, filed for the enforcement of his client’s fundamental rights, alleging that the respondent (Igboho), had injured him in his capacity as the Aareonakakanfo of Yorubaland and demanded N5 billion as damages.

He alleged that the respondent recorded a telephone conversation between him with another person without his consent to get defamatory content, saying the action breached his right to privacy pursuant to Section 37 of the 1999 Constitution as amended.

Adams was seeking, 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.”

But when the case came up on April 30, 2025, counsel for 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 in the suit.

However, counsel for Igboho, Mr Junaid Sanusi, informed the court that he had opposed the application and subsequently filed counter 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 defamation suit against Igboho, 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.

But, while delivering his judgement on Thursday, Justice Ademola-Salami dismissed the suit, just as he awarded a cost of N500,000 against Gani Adams, who was not represented during the proceeding by his counsel.

The judge upheld the submission by Igboho’s counsel, declaring that “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 also declared that Adams failed to prove that his telephone line was tapped by Chief Sunday Igboho, assuming that the affidavit was even regular as submitted by the defendant’s counsel in his oral argument.