A Federal High Court sitting in Ibadan, the Oyo State Capital on Thursday, dismissed a N5 billion defamation suit filed by the Aareonakakanfo of Yorubaland, Gani Adams, against Yoruba Nation activist, Sunday Adeyemo, popularly known as Sunday Igboho, over allegations of privacy violation through a secretly recorded phone conversation.
Justice O.T. Ademola-Salami, who presided over the case, ruled that the suit lacked merit and further awarded a cost of N500,000 against Adams in favour of Igboho.
In a suit marked M/1006/2004, Adams, through his counsel, Sikiru Akinrele, had approached the Court to enforce his fundamental rights, claiming that Igboho recorded a private telephone conversation between him and another individual without his consent and went ahead to publish it, causing him reputational damage in his capacity as the Aareonakakanfo of Yorubaland.
He claimed the action violated his right to privacy as enshrined in Section 37 of the 1999 Constitution (as amended) and demanded N5 billion as compensation.
Among other reliefs, Adams sought 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 matter was heard on April 30, 2025, Adams’ lawyer, Akinrele, urged the Court to grant the application and all the reliefs sought by his client.
But counsel to Igboho, Junaid Sanusi, opposed the application, stating that the affidavit in support of Adams’ claims was fundamentally flawed.
He told the Court 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.”
Sanusi filed and adopted a counter-affidavit and a written address, urging the Court to throw out the suit.
The Court, therefore, adjourned till Thursday, July 3, 2025, for judgment.
Delivering the verdict, Justice Ademola-Salami dismissed the suit and awarded a cost of N500,000 against Adams, who was not represented by any counsel during the Thursday proceeding.
The Court upheld Igboho’s lawyer’s argument, noting 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 further held that “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.”
