A chief magistrates’ court sitting in Akure, the Ondo state capital, has ordered a former deputy governor of the state, Agboola Ajayi, to appear in person over an alleged case of false pretence and stealing.  

Magistrate Taiwo Lebi gave the order on Tuesday at the resumed hearing of the case against Mr Ajayi by a complainant.

Mr Lebi granted the commissioner of police in the state, Abiodun Asabi, a warrant to compel Mr Ajayi to appear before the court over the allegation.

The complainant, a vehicle dealer, Segun Adetuwo, known as “Showboy”, had dragged Mr Ajayi to the court.

The prosecutor, Emmanuel Tanimowo, alleged that the former deputy governor in 2018 instructed one of his aides, Samuel Ogunmusi, to collect a vehicle from Mr Adetuwo.

Mr Tanimowo said Mr Ogunmusi, in his written statement before the police, claimed he was called into the office by Mr Ajayi while still in office in 2018, where he met with one Akintoye Olatunji.

“He claimed that his boss, the deputy governor, instructed him to take the first respondent (Akintoye) to the auto mart of Segun Adetuwo to collect a car.

“The second respondent therefore collected a black colour Toyota Camry XLE from the complainant, Segun Adetuwo and left without paying for the car.

“Having been unable to recover the money for the car from the two defendants, Segun Adetuwo, therefore, dragged the duo before the chief magisterial court sitting in Akure,” he told the court.

The prosecutor arraigned the two defendants, Messrs Akintoye and Ogunmusi, in court on a three-count charge. 

The charge sheet with No: MA/C/2/26/C 2023 reads, “That you Akintoye Olatunji, Ogunmusi Samuel, and others now at large sometime in the month of May 2018 at Automart Akure in the Akure magisterial district did conspire with yourselves to commit felony to wit: obtaining by false pretence and stealing and thereby committed an offence contrary to and punishable under section 516 of the criminal code cap 37, vol 1 Laws of Ondo State of Nigeria 2006.

“That you Akintoye Olatunji, Ogunmusi Samuel and others now at large sometime in the month of May 2018 at Automart Akure in the Akure magisterial district did by false pretence and with intent to defraud obtains one brand new Black Toyota Camry XLE valued Five Million, Four Hundred Thousand Thousand Naira (N5,400,000) only property of one Segun Adetuwo and thereby committed an offence contrary to section 1(1) (a)(c) and punishable under section 1(3) of the advance fee fraud and other fraud-related offences Act, laws of the Federation of Nigeria 2006.

“That you Akintoye Olatunji, Ogunmusi Samuel and others now at large on the same date and place in the aforementioned magisterial district did fraudulently convert one Toyota Camry XLE valued Five Million, Four Hundred Thousand Naira(N5,400,000) property of one Segun Adetuwo to your own and thereby committed an offence contrary to section 383, and punishable under section 390(9) of the criminal code cap 37. Vol. 1laws of Ondo State of Nigeria 2006.”

Omolegbon Odunsola, counsel to the first defendant, told the court how he tried to reach out to Mr Ajayi and the complainant, Mr Adetuwo, to see how the issue could be settled out of court.

But his argument was countered by the counsel to the complainant, Alex Olademehin, who said Mr Ajayi could not give his side of the incident by proxy.

He argued that Mr Ajayi should either go to the police and give his written statement or appear in court in person.

In his ruling, Magistrate Lebi said the former deputy governor must be produced in court in the next sitting, or his statement must be produced.

He later adjourned the hearing on the case to November 24, 2023.