Alleged Financial Misappropriation: Court Imposes Fine on FUOYE’s VC for Stalling Proceedings

Wale Igbintade
Justice Chukwujekwu Aneke of the Federal High Court, sitting in Lagos has imposed fine on Professor Abayomi Fasina, the Vice-Chancellor, Federal University, Oye-Ekiti, Ekiti State, (FUOYE), for stalling the hearing of a fundamental rights enforcement suit he instituted against the police and others.Professor Fashina alongside Mrs. Bridget Oyaola and Mr. Sulaiman Olajide Usman, both the University’s Acting Director of Works and Chief Internal Auditor, have dragged the Commissioner of Police (PSFU); CP Anderson A. Bankole and Supol Sunday Akeregun, before the court in a suit marked FHC/L/CS/684/2021.The Vice-Chancellor and others have prayed the court to stop the respondents from investigating them over alleged financial misappropriation. They are also seeking for a declaration that they are entitled to know and be informed of the details of any investigation against them by the police.

They urged the court to declare that physical invasion of  the university’s premises by the respondents in an attempt to arrest and detain the Vice Chancellor in a manner unknown to law, constituted a flagrant violation of their rights as guaranteed 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.

But the respondents in a counter-affidavit deposed to by Supol Segun Akeregun, asked the court to dismiss the applicants’ suit for being frivolous and abuse of court process.

The deponent averred that it is untrue that the police invaded the premises of the Vice Chancellor on June 17 and 18, 2021, or any day at all but only visited the University’s premises to serve an invitation of the Vice Chancellor 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 Vice Chancellor from February 2021, but includes his tenure from 2017, when he was Deputy Vice Chancellor in charge of Administration till February, 2021 when he became the Vice Chancellor of the Federal University. And that the Vice Chancellor has been heading more than eleven (11) committees as Deputy Vice Chancellor 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 Vice Chancellor as the then Chairman of TETfund Committee of the University and about other 10 committees, allegedly fraudulently converted to himself and laundered about N13, 864, 925.00 through the son, Fasina Oluwadamilola Tosin, who is a Post- graduate student at Sterling University, Scotland.

The deponent, while asking the court to dismiss the suit for being frivolous, also urged the court to award a huge cost against the applicants.

However, at the resumed hearing of the matter, counsel to the applicants, Mr. Ebun Olu-Adegboruwa (SAN), informed the court that after reviewing his clients’ case, they came to conclusion that there is need to include the Inspector-General of Police (IGP) as a respondent in the suit.

Adegboruwa said: “the section of the constitution, we thought it necessary that the Inspector-General of Police be invited as a party in this suit. We have filed an application seeking leave to join IGP as a respondent in this suit.

“We have served the counsel on record and the bailiffs are trying to serve the person we sought to join. We therefore seek for further date to enable the Sheriff to serve IGP.”

Responding, counsel to the respondents, Mr. Chukwu Agwu, urged the court to discountenance the application, on the ground that it was a ploy to continue to delay speedy hearing of the matter.

Specifically, Agwu told the court that the matter was adjourned for almost two months for definite hearing, yet, the applicants failed to file all necessary processes.

He urged the court to award a cost of N200, 000, 00 against all the applicants, if the request is granted.

In his ruling, Justice Aneke awarded a cost of N50, 000, against all the applicants, in favour of the respondents, which must be paid before February 23, 2022