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N500m Suit Against EFCC: Court Grants Leave To Serve Former UNIBEN VC, Co-defendant By Proxy

By Bob MajiriOghene Etemiku, Alltimepost.com Special Correspondent

A Benin High Court has granted leave to lawyers representing Mr. Kehinde Samuel of the University of Benin (UNIBEN) to serve Prof Osayuki Oshodin, former Vice Chancellor of the institution, and Faith Osadolor by substituted means, in his N500 million suit against the Economic and Financial Crimes Commission, (EFCC).

While the EFCC was served on October 10, 2019, lawyers for Mr. Kehinde in an affidavit in support of the exparte motion said they found it very difficult to serve court papers related to the N500 million suit. Both Prof Oshodin and Faith Osadolor are joined in the suit as 2nd and 3rd respondents respectively.

This order was granted on Tuesday October 17, 2019 by presiding Judge of Court 7 of the Benin High Court in a motion exparte No. B/12/2019 brought pursuant to order 7 Rule 11 of the Edo State High Court (Civil Procedure) Rules 2018 and under the inherent Jurisdiction of the High Court. 

It would be recalled that Mr. Kehinde Samuel of the ICT department of the University of Benin had carried out a forensic audit on the staff strength of the university, at the instruction of former VC. Prior to that forensic audit, the bursary department of the institution would send a list of staff to the registrar for approval.

That approved list should ordinarily pass through a performance appraisal, a process to verify actual number of staff of the institution. From the registrar’s office, the list then proceeds to a federal government office for vetting and payment.

After he conducted a biometric staff audit and verification exercise, Mr. Kehinde raised the alarm as he allegedly discovered that the university had fraudulently earned N80 million monthly from 2012 to 2015, a situation which currently subsists.

Names of the dead, those on Sabbatical leave and those no longer on the employment of the University featured prominently on the forensic investigation.  Mr. Kehinde Samuel said that he informed the VC, Prof. Oshodin but the matter leaked, leading the VC to sack him on allegations of improper handling of the institution’s information. 

But Mr. Kehinde took the facts related to his biometric investigations to the EFCC which invited the former UNIBEN VC, Prof Oshodin for questioning. Prof Oshodin was said to have given the EFCC his own

version of the list of staff of the university, leading the EFCC to turn on Mr. Kehinde, prosecuting him for allegedly proffering false accusations against the university and Prof Oshodin.

Mr. Kehinde Samuel got judgment in his favor – an industrial court ordered his reinstatement as deputy director in the ICT department of UNIBEN. This led him to sue the EFCC for wrongful prosecution, demanding N500 million and joined the first & second respondents – Prof Osayuki Oshodin and Faith Osadolor.

The motion exparte filed on behalf of Mr. Kehinde Samuel recommended pasting the statement of claim, witness deposition on oath on the doors of the 2nd and 3rd defendants (at the Department of Health Environment and Human Kinetics, Faculty of Education, and Department of Public Law, Faculty of Law of the University respectively).

Keen watchers of this case do not understand why the EFCC turned around to prosecute the whistleblower and hauled him before the Federal High Court in Benin City.

After Alltimepost.com published an expose on corruption, titled UNIBEN: How A Top Nigerian University Thrives On Corruption on August 13, 2019, our sources revealed that the management of the institution summoned an emergency meeting to address some of the issues raised in our story.

Details of resolutions of that meeting are sketchy and no one knows if they include issues ranging from infrastructure decay, sex for marks and poor staff welfare. Recently, there was a demonstration by the students at the Ekewan campus of the Ivory Tower, especially over power outages.

The case was adjourned to December 4, 2019 for hearing.