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By Lukman Olabiyi
Justice Chukwujekwu Aneke of the Federal High Court, Lagos, has fixed November 11, 2021, for further hearing of the suit filed by Prof. Abayomi Sunday Fasina, the vice-chancellor of Federal University, Oye-Ekiti, Ekiti State (FUOYE), and two others seeking to stop police investigation over alleged fraud levelled against them.
On September 20, 2021, which was the last adjourned date, Justice Aneke fixed November 11 for further hearing at the instance of Prof. Abayomi’s counsel, Mr. Ebun Olu Adegboruwa, SAN, who informed the court of his clients’ new affidavit to the suit, which he said had been served on the respondents.
Adegboruwa had also told the court that he would not be able to go on with the matter, as he was billed to travel to Abuja for another case.
In response to the applicants’ fresh affidavit to the suit, the police lawyer, Mr. Chukwu Agwu, asked the court for a stand-down to enable him study the affidavit and reply on point of law.
However, owing to the applicants’ counsel declared intention of travelling outside the court’s jurisdiction, Justice Aneke adjourned the matter.
The VC, alongside Mrs. Bridget Oyaola and Mr. Sulaiman Olajide Usman, the university’s acting director of works and chief internal auditorm respectively, instituted the suit marked FHC/L/CS/684/2021, against the Commissioner of Police (PSFU); CP Anderson A. Bankole and Supol Sunday Akeregun as first to third respondents.
In the suit, Abayomi and others sought the following reliefs: a declaration that they are entitled to know and be informed of the details of any investigation against them by the police. And a declaration that physical invasion of the university’s premises by the respondents in an attempt to arrest and detain them in a manner unknown to law, constitute a flagrant violation of their rights as guarantee by the Constitution of the Federal Republic of Nigeria.
They also asked the court to award the cost of N50 million being general, aggravated and exemplary damages against the respondents, jointly or severally for the violation of their fundamental rights.
However, police in a counter-affidavit deposed to by Supol Akeregun, filed by its counsel, Chukwu Agwu, asked the court to dismiss the applicants’ suit for being frivolous and abuse of court process.
The deponent averred that it was untrue that the police invaded the premises of the institution on June 17 and 18, 2021, or any day at all but only visited the university’s premises to serve an invitation on the VC over some criminal allegations which the police were investigating.
He also stated that the petition against the applicants is not only in respect of frauds allegedly perpetrated as VC from February 2021, but includes his tenure from 2017, when he was Deputy vice chancellor (administration) till February, 2021 when he became the VC. And that Fasina has been heading more than 11 committees as DVC from 2017 to February, 2021, before he became the vice chancellor and these committees deal with contracts and other financial engagements.
The deponent also averred that the VC as the then chairman of TETfund committee of FUOYE and about other ten committees, allegedly converted to himself and laundered about N13, 864, 925 million, through his son, Fasina Oluwadamilola Tosin, who is a postgraduate student at Sterling University, Scotland.
The police lawyer averred that it was untrue that the applicants are being or about to be intimidated, adding that the applicants were yet to honour police invitation, which the petition and documents before it office regarded as criminal infractions allegedly committed by the applicants.
Furthermore, the deponent stated that from the available documents in the police record, which were obtained in the course of investigation of the petition against the applicants, revealed that, the VC was involved in fraudulent conversion of funds from Ekiti State University as salaries while he was still receiving salaries as DVC (Administration) at FUOYE.
He further averred that it was only a comprehensive and complete police investigation that will determine whether or not the applicants are culpable or not. Adding that the applicants filed the suit to intimidate and circumvent police investigation and possibly to escape the long arm of justice.
The deponent while asking the court to dismiss the applicants’ suit for being frivolous, hoodwink and abuse of court processes, asked the court to award a huge cost against the applicants.
