The Magistrate, Mrs. A.I Ajayi,who gave the ruling, granted the monarch bail on self recognition .
The suspect was alleged to have forcefully enter into the land in actual and peaceable possession of Federal College of Agriculture, Akure
.
The properties allegedly destroyed by the suspect were worth millions of naira while the traditional ruler was arraigned on a six-count charge.
Some of the charges in the charge sheet read, “That you Clement Ajayi 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, 2016.”
“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.”
After the charge sheet was read to the traditional ruler, the accused person pleaded not guilty to all the charges.
Earlier, a counsel from the state Ministry of Justice, Mr. Alaba Ogunyemi , announced his appearance to the Court,saying they are now taking over the case.
Ogunyemi applied for the substitution of the old charge Mak/259C/2017, with the new one Mak/241C/2017.
The prosecution counsel said, they have five witnesses and three of them are in the court. He prayed the court for adjournment to allow him study the case file and assemble his witnesses in Court.
The counsel to the accused person, Mr. Dapo Agbede argued that, since they have three witnesses in the court ,he (Agbede)should be the one to ask for adjournment. He prayed the court to admit the defendant to bail on a liberal term and on personal recognition .
In her ruling, Mrs. A.I Ajayi,said the accused person should furnish the Court with a copy of the certificate confirming him as the Oba of ugele and swear to the affidavit and attach copies of photographs to the affidavit.
Ajayi ruled that the court have jurisdiction to adjudication on the matter.
The court ordered that the status quo should remain on the land by the parties pending the determination of the case.
According to the court , “ whoever breach the order will be remanded .” Ajayi ,however adjourned the case to August 14 and 15, 2017 for definite hearing.
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