More than eleven months after instituting a libel suit against Akinyemi Gabriel Omonijo, Abayomi Sunday Fasina, the vice-chancellor of the Federal University Oye-Ekiti, Ekiti State (FUOYE), has not responded to subsequent court filings by Omonijo’s legal team.
The bone of contention was a claim made by Omonijo, a former lecturer, in a 2021 letter to a Senior Pastor of Grace Covenant Centre that Fasina, a professor of Soil Science, was in the employ of FUOYE and the Ekiti State University at the same time, thereby collecting two salaries in contravention of public service rules.
Fasina is a member of this church, according to court filings.
Prior to the said letter and the current court case, Fasina had suspended Omonijo in 2019. But the National Industrial Court of Nigeria invalidated his suspension in 2022 via a judgement consented to by both parties. Omonijo accused the university administrator of failing to comply with the judgement.
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In the letter Omonijo wrote to Fasina’s church, he said: “In addition to the above, another meeting was facilitated by Dr. (Mrs) Akinola on Saturday, 15th May, 2021 at KOLTOTEL Hotel, Ado-Ekiti. Present at the meeting were Prof. Fasina, FUOYE’s VC, Dr. (Mrs) Fasina (Prof. Fasina’s wife), Dr. Omonijo (Chairperson, ASWU-FUOYE), Mrs Omonijo (Dr. Omonijo’s wife), Dr. Sobowale (a lecturer in FUOYE) and our Lawyer, Hon. Bayo Idowu that is handling the case of collection of double salaries by Prof. Fasina. At this meeting, Prof. Fasina confessed that he carried out all the evils he was directed to do in the University, by Prof. Kayode Soremekun, former, Vice-Chancellor, Federal University Oye-Ekiti, as a sign of loyalty so that he could become a Vice-Chancellor. After his confession, both Prof. Fasina and his wife appealed to us and our Lawyer to sheathe sword.”
The letter was wrongly dated January 4, 2021 instead of January 4, 2022, Omonijo stated in one of the court papers obtained by EQ.
Fasina believes this claim was libelous and injurious to his reputation and approached the Ado-Ekiti division of the Ekiti State High Court vide suit number HAD/143/2023 filed on November 3, 2023 for redress.
The FUOYE VC is principally asking the court to order Omonijo to retract the claim and publish an apology letter in three news dailies as well as payment N500 million as aggravated damages for publishing that claim against him.
Following the court summons, Omonijo’s legal team filed a statement of defence dated December 15, 2023 and served on July 27, 2024, maintaining that the claim was correct.
The statement of defence further maintained that Fasina collected double pays from the two institutions in October, November and December of 2016, as well as January, February and September of 2017.
“The Defendant avers that the Claimant…collected double salaries from both Ekiti State University, Ado-Ekiti, and Federal University Oye-Ekiti simultaneously. The photocopies of the payslips of Ekiti State University, Ado-Ekiti and Federal University Oye-Ekiti for the months of October 2016, November, 2016, December 2016, January 2017, February 2017 and September 2017 are hereby pleaded and same shall be relied upon at the trial. Notice is hereby given to the Claimant to produce the original paystips for the month of October 2016, November, 2016, December 2016, January 2017, February 2017 and September 2017 respectively and salary payment bank schedule of the Claimant’s employer being the Vice-Chancellor of the University,” Bayo Idowu, Omonijo’s lawyer, said paragraph 4 of the statement of defence.
In the same statement of defence, Omonijo counterclaimed that Fasina initiated the case to intimidate him, asking the court to award N250 million in his favour for the toll the case has had on him.
A snapshot of the front page of the motion on notice.
Having not filed a response to the statement of defence, Omonijo’s legal representative subsequently filed a motion on notice dated September 24, praying the court to “set down the matter for hearing by default of the claimant/respondent [Fasina] to file his reply and defence to counterclaim in this case”.
‘THE LAWYER KNOWS WHAT TO DO’
EQ reached Fasina’s lawyer for comment on OCtober 5. Although he declined to mention his name, True Caller showed it as Tiamiyu Adegboyega, a name that aligned with ‘T.S. Adegboyega’ written on the court papers.
He denied knowledge of the new motion on notice. He also mentioned that Omonijo’s lawyer “knows what to do”.
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“The lawyer on the other side knows what to do. This is a matter that is subjudice,” he said.
“If a matter is before a court of competent jurisdiction, it doesn’t call for sensationalism. If a process is filed and there is no response, and you are making an effort to ensure you set down your counterclaim, the law is clear on those positions. So, let him go ahead.
“The law gives us ample opportunity to respond at any time that is normal. There are applications that can regularise whatever position that is irregular.”
The court has no fixed a date for hearing in the case.
The post FUOYE VC Sued When Accused of Collecting Double Salaries. He Has Not Responded to His Accuser’s Defence Since appeared first on Foundation For Investigative Journalism.