Court Grants Order For Substituted Service On Gani Adams In Igboho’s N500m Defamation Suit

An Oyo State High Court, sitting in Ibadan, presided over by Justice M.I. Sule, has granted an order of substituted service on the Aare Onakakanfo of Yorubaland, Gani Adams in an alleged defamatory suit filed against him by Yoruba nation activist, Sunday Adeyemo, popularly known as Sunday Igboho.

In the suit number I/406/2024, the plaintiff, Mr Adeyemo, prayed for an order compelling the defendant to pay a sum of N500 million as aggravated damages over a leaked audio conversation, which he claimed damaged his reputation.

According to the writ of summon Mr Adeyemo is seeking among others, “a declaration that the content of an audio clip between the defendant (Adams)nd a third party, named Nuru Banjo, that took place sometime in November 2021 and further published on new media platforms, including YouTube, is slanderous, libelous and defamatory.”

However, in a certified true copy of the enrollment of order, issued on Wednesday, the court ordered that the motion exparte be served on the defendant through substituted service by pasting it on the walls or gates of his residence at No 14, Ezekiel Street, off Toyin Street, Ikeja, Lagos State.

Justice Sule declared: “I have perused the processes filed in support of the instant application. The gist of the application is that the bailiff of this court made an attempt at personal service, but was told the defendant was not around at his residence at 14, Ezekiel Street, off Toyin Street, Ikeja, Lagos State, hence the instant application. The affidavit of non-service to that effect was filed on 3 April, 2024.

“In consequence whereof, I hereby grant the application in the overall interest of justice. Consequently, the claimant/applicant is hereby granted leave to serve his originating and any other processes on the defendants by substituted means to wit: through the law firm of the solicitors to the defendant. Service in the manner hereby ordered shall constitute proper service on the defendant,” he stated.

Justice Sule subsequently adjourned the matter to 26 June, 2024.

In the suit, Mr Adeyemo had sought “an order of the court directing the defendant to publicly retract the slanderous, libelous and defamatory content contained in the publication to Nuru Banjo, which was further published on several new media platforms, including YouTube, where the claimant was defamed, maligned and disparaged by the defendant in the conversation published in November 2021 by the defendant.”

He also sought an order “for the payment of exemplary and aggravated damages in the sum of N500 million in favour of the claimant for defamation of the person of the claimant by the defendant.”

Recall that Mr Ighoho had complained about a viral voice note in which Mr Adams was heard allegedly saying that the Chief of Staff to Lagos State Governor Babajide Sanwo-Olu, Tayo Ayinde, had hired Mr Igboho to undertake an assassination.

He later instituted a case of defamation of character against Mr Adams at the Oyo State High Court in Ibadan in April 2024.