An Oyo State High Court 15, sitting in Ibadan, under the esteemed presidency of Justice O.T. Ademola-Salami, delivered a significant ruling on Thursday, dismissing a substantial N5 billion defamation suit. The suit had been instituted by the Aareonakakanfo of Yorubaland, Chief Gani Adams, against the prominent Yoruba nation activist, Chief Sunday Adeyemo, widely known as Sunday Igboho. In addition to dismissing the suit, the court also ordered Chief Gani Adams to pay a cost of N500,000 in favour of Chief Sunday Igboho, marking a decisive legal victory for the latter.

The protracted legal battle, officially marked as suit M/1006/2004, originated from claims made by Chief Gani Adams. Through his counsel, Sikiru Akinrele, Adams had filed for the enforcement of his fundamental rights, contending that the respondent, Sunday Igboho, had unjustly injured his reputation and capacity as the Aareonakakanfo of Yorubaland. Central to Adams' allegations was the assertion that Igboho had covertly recorded a private telephone conversation between Adams and another individual without his express consent. Adams maintained that this alleged action constituted a breach of his fundamental right to privacy, a right enshrined in Section 37 of the 1999 Constitution of Nigeria, as amended. Consequently, he sought N5 billion in damages for the purported harm.

Among the reliefs sought, Chief Gani Adams specifically requested declarations from the court affirming the illegality and unconstitutionality of recording private telephone conversations without the consent of all parties involved. He also sought a declaration that it is unlawful, illegal, and unconstitutional for anyone to covertly record and subsequently release or publicly publish such private telephone conversations without the explicit consent and authority of the involved parties, particularly the applicant himself.

During the court proceedings on April 30, 2025, Adams' counsel, Sikiru Akinrele, earnestly prayed the court to grant his client's application for the enforcement of fundamental rights and to accede to all the reliefs outlined in the suit. However, Mr. Junaid Sanusi, legal counsel for Sunday Igboho, robustly opposed Adams' application. Sanusi informed the court that he had filed a comprehensive counter-affidavit along with a supporting written address, both of which were subsequently adopted by the court. He vehemently urged the court to dismiss the defamation suit against his client, presenting a critical legal argument.

The core of Igboho's defense, which ultimately swayed the court, rested on the procedural defectiveness of the affidavit submitted by Chief Gani Adams. Sanusi argued that Adams did not personally depose to the affidavit in support of his application, a requirement under law. He emphasized that if a third party deposes, they must clearly state the reason why the applicant cannot personally depose to the affidavit. Justice Ademola-Salami upheld this crucial submission, declaring that