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Ex-Elizade Varsity VC Appeals Ondo Magistrate Court’s Guilty Verdict
The former Vice-Chancellor of Elizade University, Ilara-Mokin, Ondo State, Professor Adekunle Oloyede, has approached the Ondo state High Court asking for a setting aside his conviction by an Ondo State Chief Magistrate Court sitting in Akure, the State capital.
Chief Magistrate Mrs Aderemi Adegoroye, in her judgement delivered on 25th January, 2023, found the Australian-based Professor of Medical Engineering, guilty of all six-count charges of conspiracy to steal, obtain by false pretence, obtaining under false pretences of the sum of $720,000.00 on 3rd March, 2015, under the pretext of constructing 500-bed space hostel at Elizade University, using panel building technology from Australia.
The Professor was also accused of obtaining another $250,000.00 on 28 April, 2017, from Mike Ade Investment Limited for Duro Global Property Limited for the same purpose of constructing a 500-bed hostel.
He was also alleged to have obtained another $150,000.00 on 19 May, 2015, from Omimeje Resources Limited for Duro Global Property Limited for the same purpose of constructing a 500-bed hostel.
Oloyede, was also accused of collecting another $650,000.00 from Elizade Investment Limited for the same purpose.
According to the Ondo State Director of Public Prosecution represented by Mr O.E Akintan, the alleged offence is contrary to and punishable under Section 419 of the State Criminal Code.
The ex- VC pleaded not guilty.
During the trial, Professor Oloyede insisted he did not connive with anyone, but merely acted as an intermediary and introduced the two parties. He claimed no knowledge of the monies by the University or when Chief Ade Ojo, owner of Elizade University, paid $720,000.00 , $250,00.00 or $150,000.00 to Duro Global Property Limited.
He told the court that it was after Adeojo had sent the money, that he (Chief Michael Ade Ojo) informed him about it. He also said he was not at the meeting where the parties agreed to the contract between them. He said the reason $650,000.00 was sent to him (which was the only money that passed through him), was because of his role under the Power of Attorney.
However, Mrs Adegoroye was not convinced of the evidence-in-chief of the ex-VC. She found him guilty and sentenced him to a cumulative eight years in prison, with an option of a fine of N600,000.00 only.
However, Professor Oloyede was not incarcerated, as he opted for the fine option, according to our correspondent.
However, dissatisfied with the decision of the court and determined to set aside the judgement , Professor Oloyede, through his counsel, Oke Olusola Esq. of Chief G. O. Ijalana Esq and Olusola Oke & Co of Graceville Law House, filed seven grounds of appeal.
Amongst others, Professor Oloyede insists that Mrs Adegoroye erred in law when she assumed jurisdiction to try the case, notwithstanding that the court lacked jurisdiction to hear the case; that she reached a perverse decision when she relied on Exhibit P.28 to convict him; and that she further erred when she relied on substantive charge in Count 3, 4, 5 and 6, which are on obtaining money under pretence to convict and sentence him on Count 1, even though he was not charged with the offence of stealing.
Other grounds of appeal cited by Professor Oloyede are miscarriage of justice occasioned by the finding of the court, that the purpose of the money was for the payment for building materials which creates a big doubt in the case of the prosecution. Professor Oloyede, on a final note, insists that the entire decision of the Magistrate Court is unreasonable, unwarranted and cannot be supported having regard to the weight of evidence.
No date has been fixed for the hearing of the application.