Fagboyegun VS CJ: AG’s office refers case to Ondo Assembly

The office of the Ondo State Attorney General has referred the issue involving one Olupelumi Fagboyegun and the state Chief Judge, Oluwatoyin Akeredolu to the  state House of assembly for investigation.

This was part of the recommendations of the report received by the office of the AG.

 The office also invited the state judicial service commission to investigate issues relating to the delay in the hearing of the case before the magistrate court.

A video went viral  on Monday where one Pelumi Fagboyegun alleged that Ondo state Judiciary and Courts were being used by the Chief Judge, Oluwatoyin Akeredolu to prosecute him unjustly.

He  also alleged that he is being kept in custody for the past 3 years on trumped up criminal allegation of unlawful entry into his father’s house.

Pelumi who claimed that he is also a biological son of the late industrialist in Ondo State, Olajide Fagboyegun who died in 2008 is begging Nigerians to come to his rescue.

According to the report, it was established that truly, there was a change of Magistrate presiding over this matter on three different occasions. 

The following Magistrates have presided over the case (1.) S. 0. Adedapo, (2) O. Aladeniyi. (3) O. W. Dosunmu and there was once a substitution of charge preferred against the suspect Olupelumi Fagboyegun upon which his plea was taken afresh. 

It was also established through the report that  the criminal charge of conduct likely to breach peace has no link with the determination of the issue of paternity of Olupelumi.

It was observed that the issue against Fagboyegun is a civil action that can be resolved through a DNA test. Intra family scrambling for property of the deceased should not have been criminalized but settled through civil suits and aIternative.

Subsequently upon these findings, the office of the AG ordered that the suit filed against Olupelumi Fagboyegun pending at the Chief Magistrate Court, Owo should be discontinued .

This is line  with power conferred on  the office of the AG by section 211 of the constitution of the federal republic of Nigeria 1999.

But the chief Judge through a statement from the office of the Chief Registrar, Bolatito Ajibafe had faulted the allegations levelled against her

The statement reads, “It has come to the notice of the Ondo State Judiciary that someone who called himself Mr. Olupelumi Fagboyegun made several allegations against the Honorable Chief Judge and third arm of government in Ondo State particularly as it relates to judicial dispensation and administration of justice.

“Obviously, the said Olupelumi was intent on tarnishing the image of the Judiciary and denting the well-earned integrity of the fountain of justice in Ondo State. However, he apparently failed to add credence, proof or substance to the allegations he glibly made to whip up sentiments in the public domain.

“For the records, the Judiciary of Ondo State has, over the years, maintained high level of integrity and unbiased administration of justice to all and sundry regardless of status, age or class.In direct response to some of the issues raised and allegations made in the video widely circulated by Mr. Olupelumi, there was never a time that this particular person was kept in prison custody on the order of any Magistrate or any Hon. Judge of Ondo State as alleged by Mr. Olupelumi.

“The audit conducted by the Judiciary to ascertain the facts of the matter and confirm the correct and current position of Mr. Olupelumi revealed that he was arraigned on the 19th March, 2018 in Charge No: MOW/102c/2018 for the offence of ‘Conduct likely to cause the breach of the peace’ and was granted bail on liberal terms on the same day in accordance with the law by the presiding Magistrate Mr S. O Adedapo who initially handled the matter.

“The matter has proceeded to hearing and evidences adduced like any other trial and according to law. It is strange to note that a matter pending before the court can become a subject of media hype targeted at whipping up sentiments to intimidate and blackmail an institution set up by law to adjudicate and also to prosecute offences.

“Furthermore, from the records obtained from the file, it was observed that the matter still came up for hearing on Thursday, 11th February, 2021 and witnesses were called by the prosecution against the widely circulated allegations contained in the video.Whoever is interested in this can actually apply for Certified True Copy of the record of the court.Based on available records the judiciary cannot find any support for the allegations and insinuations of the man. Ondo State Judiciary is strictly committed to justice according to law and will remain so.

“The public is hereby urged to discountenance the video condemning the Ondo State Judiciary, the justice sector in Ondo State and the Hon. Chief Judge”