Dappa Maharajah.
LESS than 24 hours after Governor Oluwarotimi Akeredolu (SAN) warned traditional rulers not to violate rule of law, the Olugele of Igele, Oba Clement Aladegbaye Falodun has been arraigned before Akure Magistrate Court for landgrabbing.
Falodun, alongside two others at large, were charged yesterday on six counts for unlawful destruction and possession of Federal College of Agriculture, Akure (FECA) properties worth N830 million, obtaining Order and Writ of Possession.
The Police prosecutor, Sergeant Uloh Okokon opposed the defence counsel, Mr. Dapo Agbede, who raised an objection that the defendant, Falodun, could not be tried due to Section 250 of the Administration Justice Law, Ondo State, 2015.
But Okokon stressed that the defendant was a first offender and all charges against him were under the purview of the law, insisting that nobody was above the law.
He added that the charges were all contrary and punishable under Section 249 (d), Section 305A (4), Section 457 of the Criminal Codes, Cap. 37, Volume 1, Laws of Ondo State of Nigeria, 2006.
“That you Clement Aladegbaye Falodun and others now at large, between 3rd April and 20th day of June, 2017 at about 8:00am at Benin Garage Area of the Federal College of Agriculture, Akure, in the Akure Magisterial District did forcibly enter into the land in actual and peaceable possession of Federal College of Agriculture in a wrongful bid to enforcing declaratory judgment in Suit No: AK/279/2012 by self-help.
“Without obtaining Order of Possession and Writ of Possession of the land in a manner likely to cause a breach of the peace or reasonable apprehension of the breach of the peace and thereby committed an offence contrary to and punishable under Section 81 of the Criminal Code, Cap. 37, Volume 1, Laws of Ondo State of Nigeria, 2006.”
“That you Clement Aladegbaye Falodun and others now at large in the aforementioned place, date and time in the Akure Magisterial District, did enter into the Federal College of Agriculture with Stine blast equipment, bulldozer, and motor saw and other implements in a wrongful bid to enforcing declaratory judgment in Suit No: AK/279/2012 by self-help without obtaining Order of Possession and Writ of Possession of the land.
“Thereupon (1) Destroyed rocks earmarked for quarry valued five million Naira (N5,000,000), (2) Destroyed forty border plants established in 1950s valued N10,000,000, (3) Destroyed 3,000m² conserved teak plantations valued N150,000,000. (4)Illegally felled and carted away 1000 conserved forest timbers valued N80,000,000. (5) Destroyed demonstration farms used for students’ practical learning valued N100,000,000; totalling the sum of N345,000,000, being properties of Federal College of Agriculture, Akure and thereby committed offence contrary to and punishable under 451 of the Criminal Code, Cap. 37, Volume 1, Laws of Ondo State of Nigeria, 2006.”
Similarly, the Counsel for the complainant, Mr. Ola Dan Olawale, noted that the arguments of the defendant was premature and baseless.
The presiding magistrate, A.I Ajayi, adjourned hearing for ruling on the counsel’s objection to July 5, 2017, ordering that both parties should maintain status quo. She noted she would not remand the monarch based congnizance.
Meanwhile Governor Akeredolu, during the foundation laying ceremony of the Agricultural Outreach and Civic Centre in FECA on Tuesday, decried the destruction of government properties by the monarch.
“But am happy that the man must have been arrested now. If an Oba misbehaves, law is not respecter of anybody. They would lock him up. You have a college on land and somebody said the land belongs to him.”
According to him, “The land belongs to the people of the state. We were so worried because we got telephone here and there about what was happening on the land. I think we should call ourselves to order. We are talking about a place being used for public purpose.”
The governor noted that government can acquire any property for use if it fulfilled overriding public interest, saying “Even if it were to be yours, we can still acquire it from you and there is nothing you can do about that.
“There is nothing we cannot acquire from any Oba for public use. Those who know Olu Ugele please tell him that he should think deeply about what will benefit the public and give it adequate support.”
Akeredolu, however, declared that he had respect for the traditional institution in the community, “We do not have anything against any Oba. As I said earlier today, I don’t see anybody at his right senses will move against the college of this nature and destroy things there. That person must be insane.
“Assuming without conceding for the purpose of argument that the land belongs to you and it was given to the college and the college is on that land, will that not be your pride?
“What else do you want to do on the land where college is? Where students are being trained, we have plantations there and you now bring bulldozer to destroy it,” Akeredolu said.
