The State High Court Ibadan, on the 1st day of December, 2021, pursuant to the slip rule, corrected and reversed the erroneous Appeal/Judgment that was delivered by the Court on the 4th day of October, 2021, in the Suit between Balogun Nifemi Modinat Yetunde Vs Commissioner of Police.

It was reported that on the 22nd day of August, 2017, Balogun Nifemi Modinat Yetunde, aged 29 years old then, paid Mr. Ajadi a visit at his Quarters, as an acquaintance, with a gift of a pack of Hollandia Yogout. It was not until 24th day of August, 2017, that it was discovered that the visit might have been sponsored with a mission.

Mr. Ajadi, corroborating the report stated that his cell phone was tampered with while he was unconscious and two things were missing in his tampered cell phone.

The first thing that he discovered was the delete of exhibits that were previously printed from the cell phone and attached to the Preliminary Objection on the case he had instituted against the authorities of the polytechnic of Ibadan, as a pieces of evidence, on a case precisely between Mr. Isiaka Ayinla Salawu & others and ASUP & Others. This could be the major reason for the visit because subsequently Mr. Isiaka Ayinla Salawu, a staff of the polytechnic Ibadan and a protege of the aforementioned lady admitted the knowledge of the deleted exhibits through the affidavit he deposed to in October, 2017″.

Ajadi further stated that the second thing that was discovered was the transfer of the sum of Two hundred Naira (N200.00) only and One Hundred thousand (N 100, 000.00) only respectively from his GTBank account without his consent.

The matter of suspected stealing that was reported to the Police in 2017, was in 2019 mischievously orchestrated as an alleged sexual (sic) scandal, sexual harassment, an alleged sexual misconduct by some media not Kaylinkz tv to suppress, to cover up the misdeed of the suspect, the Management, and many others involved in corrupt pratises on the campus and others who was alleged of NYSC Certificate forgery.

It was further reported that on the 25th day of August, 2017, a report of unlawful transfer, from Mr. Ajadi GTBank account, of Two Hundred Naira (N200.00) and another one Hundred Thousand Naira (N 100,000.00) respectively on the same date, was made to the State Intelligence Bureau (SIB), Oyo State Police Command Eleyele, Ibadan.

Police at SIB, Oyo State Police Command, Eleyele, Ibadan, commenced investigation immediately. When the discreet investigation of the unlawful transfer was done, Ms Balogun Nifemi Modinat Yetunde was discovered as a suspect. The Suspect was then evasive hence the Police at SIB did not get her side of the story immediately.

It was again reported and stressed that on the 11th September, 2017 and on the 9th October, 2017, Balogun Nifemi Modinat Yetunde, voluntarily at her pleasure, wrote two signed undertakings admitting, apologizing and promising to return the money unlawfully transferred to one Ms Esse Oluwatosin Ayanmo’s account from Mr Ajadi’s bank account .

Ms Balogun Nifemi Modinat Yetunde was invited to the State Intelligence Bureau (SIB), Oyo State Police Command Eleyele, Ibadan at SIB for her own side of the story. Instead of Ms Balogun to appear at the Police Station, she ran away and evaded arrests until when she was arrested at Apete, a sub-urban settlement and very close to The Polytechnic, Ibadan on the 27th April, 2019 (after almost 2 years the crime was committed).

Arraignment
Ms Balogun Nifemi Modinat Yetunde, the suspect, was eventually arraigned before the Oyo State Chief Magistrate Court 5, sitting at Iyaganku, Ibadan on the 2nd May, 2019, on three counts charges of conspiracy, stealing and defrauding. The Defendant pleaded not guilty to all the charges and the prosecution opened its case on the 5th day of November, 2019.

The report stated that at the end of the inquiry of the Prosecution’s case against the Defendant (Balogun Nifemi Modinat Yetunde), on the 25th February, 2020, instead of the Defendant counsel (Mr.O.F.A Adeosun) to open its defense, the Defendant’s Counsel decided on a No Case Submission.

Based on the evidence adduced by the prosecution, the sitting Learned Chief Magistrate (Court 5) in Iyaganku at Ibadan found “that the prosecution has been able to establish a prima facie case against the defendant”, which means that the Complainant has enough of evidence to support his claim.

The Learned Chief Magistrate (Court 5), consequently, overruled the no case submission on the 25th February, 2020, and the defense was called upon to defend and prove its case.

Bench Warrant was even issued against the Defendant (Balogun Nifemi Modinat Yetunde) and her sureties, when she was again evasive, for them to show the cause to the Court for their absence for the defence twice.

*Setting Aside of the Ruling of the Chief Magistrate by the High Court*

The Defence counsel applied various means to unnecessarily delayed the prosecution of the suspect at the Chief Magistrate Court.

These means included saying that the defendant ” not abreast of the facts of the case”, the Lawyer “seeking an adjournment in the matter” and to ” have files subpoena testification on the bank…” among other means.

To the chagrin of the Complainant, the defence counsel, Mr. O.F.A. Adeosun, told the Chief Magistrate court on the 5th October, 2021, that the Learned Judge at the State High Court, Ibadan (Court 3) had upheld an appeal against the ruling by the Chief Magistrate and, therefore, the ruling of Chief Magistrate had been set aside.

Based on the judgment delivered at the High Court dated 4th October, 2021, the Learned Chief Magistrate in Court 5, acquitted, discharged the suspect and the charge against the Defendant, Balogun Nifemi Modinat Yetunde, was dismissed.

Slip Rule Concept
Judges and the Lawyers understand very well that two courts cannot sit on the same matter at the same time, as was done in this case between Balogun Nifemi Modinat Yetunde and Commissioner of Police. The judgment of the Judge at High Court was reversed and considered an abuse of Court process, non-diligent prosecution and the desecration of the legal systems in Oyo State as the due process was not followed including fair hearing in the administration of justice.

Surprisingly, the earlier erroneous Judgment that dismissed the charge against the Defendant was corrected and reversed, as it was asserted by the ruling judge, Hon. Justice I.S. Yerima, “it is natural that human being commit error, including judges because they are not angels but men…” Consequently, the Judge at the High Court after the correction by reversion of the judgment, made an order to transfer the case to another Court for hearing ‘de novo’.

KELANI AJADI OMTOSHO:

At about 11.12 am on Wednesday, 19th day of January, 2022, the Case between Mr. Kelani Omotoso Ajadi (Claimant) and The Polytechnic Ibadan & The Governing Council, The Polytechnic Ibadan (Defendants) was called.

Barrister Femi Aborisade (Counsel to the Claimant) informed and reminded the Court of the decisions of the Court during the last session and proceeding. The last session was on the 20th day of October, 2021and the decisions was the the presentation of the Final Written Addresses of each of the parties and the matter adjourned to the 19th day of January, 2022 for the adoption of the same Final Written Address.

The Counsel to the Claimant addressed the Court that the Claimant’s Final Written Address was filed within the stipulated time on the 16th day of November, 2021 bearing in mind the period set aside to quarantine the process. He pleaded for the adoption of the application.

However,the Counsel to Defendants while addressing the Court said he decided not to write the Defendant’s Final Written Address and he came to the Court to say that the Claimant’s Final Written Address was served out the time, ignorantly not excluding weekends. The Defendants’ Lawyer relutantly answered in the affirmative when the Court asked him if he was served the Claimant’s Final Written Address. He afterwards pleaded to be allowed to make his presentations orally, which the Learned Judge rejected. He once again pleaded for 20 minutes oral presentation but also rejected by the Learned Judge in Court 1 of the National Industrial Court of Nigeria, in the Ibadan Judicial Division, holden at Ibadan.

The Learned Judge asked the Defendants’ Counsel to reduce all his addresses to the Court in writing for the reason and purpose of records and to make his work to be neat.

Barrister Femi Aborisade, the Claimant’s Counsel then pleaded and requested for N50, 000.00 (Fifty Thousand naira only) for the cost to defray the cost of the unnecessary hardship caused by the unecessary and intentionally delay by the Defendants, which was not granted by the Court.

The matter adjourned to the 22nd day of February, 2022, once again, to allow the Counsel to the Defendants to serve the Court the Defendants’ Final Written Address for the Court adoption of same on the above stated adjourned date.

1) If you believe strongly that you must always have the last say in an argument, you’re not ready for marriage.

2) If you don’t like anyone invading your space, you’re not ready.

3) If you’re a lady, and you don’t cook or don’t like to, your marriage is not likely to be easy or funny.

4) If you always say things exactly how they come to your mind not caring who is hurt, you’re headed for a rocky and ultimately likely to crash marriage.

5) If you believe that you’re who you are and no one can change that, you’re not ready.

6) If you think about others only when you’ve fully sorted yourself out, you’re not ready.

7) If you are so good at holding a grudge and you’ll only let go when you feel like, stay unmarried. Unforgiveness is not only a sin but a destroyer of life and anything that is good.

8 If you’re a man and you’re not engaged in ventures or a process in time that can financially take care of your immediate family and beyond, you need to give yourself a few more years to be ready.

9) If you believe that women at best should be good in bed and kitchen affairs only, you’ll end up having a
bitter and subdued wife; stay away.

10) If your mind can’t conceive the thought of having a more successful wife, even if it’s temporary, then you have a little growing up to do. Welcome to the real world, stuff
happens.

11) If as a man, you’re easily swayed and pressurized to do things against your wish, you’re not ready for marriage.

12) If you have no confidence in your capability and your future, you have no business taking someone else with you.

13) If as a man, you don’t have a mentor or leader you follow, listen or defer to, you’re not going to be able to lead your family.

14) If you can not live a life of integrity, fidelity and sacrifice, you’re not ripe for marriage.

15) If you can’t have a wedding ceremony within a budget you can personally afford, give yourself more time. Who says you can’t have 20 guests or less at your wedding? Cut your coat according to the cloth available.

1. If you cannot submit yourself to higher authority.

2. If you find it difficult to accept corrections.

3. If you are too big to say “sorry”.

4. If you think that your success or achievements are based on your efforts.

5. If you don’t have respect for people.

6. If you are always feeling superior to others.

7. If you always want to control or dominate others.

8. If you think that you are better than other people.

9. If you cannot work under those with lesser qualifications.

10. If you always want people to respect and honour you.

11. If you want people to notice you anywhere you go.

12. If you are a graduate and you feel too big to do any small job till you get a big one.

13. If you cannot marry those with lesser qualifications(especially as a female).

14. If you are always angry at those who correct you.

15. If you avoid those who criticize you.

16. If you feel too big to learn.

17. If you feel ashamed to ask questions about what you don’t know.

18. If you are always bragging about your achievements/connections.

19. If you don’t consider it necessary to say “thank you” to those who help you.

20. If you desire to always be addressed by your title.

21. If you think that nobody knows more than you.

22. If you think that you cannot make mistakes.

23. If you are fond of blaming others for your actions/inactions

24. If you think that you know everything in life.

25. Pride limits a man’s destiny
Pride destroys glory
Pride devalues grace and anointing

26. The earlier we make a change and accept adequate corrections.

27 When you look at those who helped you to get to the top as nothing.

28 When you refused to appreciate those who have been a blessing to your life even when you have over enough to do so.

29 When message of God has no value or meaning to you through the same man of God or person God has tremendously used for your upliftment.

30 When you are too officious about position.