The lingering disagreement between the management of the University College Hospital (UCH), Oritamefa, Ibadan, Oyo State and De-Executive Suite – operator of the hospital’s guest house, located at the South Campus, has taken a sad turn, with the recent arrest and detention of the Chief Medical Director (CMD), Prof. Jesse Abiodun Otagbayo, by the police.

The move, widely condemned by Nigerians, has been described as a gross violation of the CMD’s right to personal liberty, freedom of movement and dignity of human person, as provided, protected and guaranteed under Sections 34, 35, 41 and 44 of the 1999 Constitution of Nigeria.

Not leaving the matter to chance, Prof Otagbayo, approached the court of law to seek relief, through a writ of summons filed by the counsel to the UCH, signed by the Principal Partner, Olaniyi Akin.

Dated November 27, 2023, the CMD, hitherto referred to as the applicant, through his counsel urged the High Court sitting in Ibadan, to hold that his arrest and detention, interrogation and continued interrogation by the Assistant Inspector General of Police, Nigeria Police Force, Zone XI, Osogbo, Osun State (first respondent), in respect of a contractual transaction between his employer and His Royal Highness, Oba Olatunde Oginni (second respondent), violate his right to personal liberty, freedom of movement and dignity of human person and that he is entitled to the relief sought and same ought to be granted.

Before things fell apart, The Guardian investigations revealed that Oba Olatunde Oginni, who is operating under the business name – De-Executive Suites, Ibadan, has been taking contracts from UCH since the time of a former CMD, Prof. Abiodun Ilesanmi.

This continued from 2020, as he continued taking contracts under the current administration and was fully paid. But in 2021, a Guest House, a 40-bed hotel, was concessioned to him on a Public-Private-Partnership (PPP) basis, otherwise known as ROT (Renovate, Operate and Transfer).

The Guardian learnt that disagreement, however, started when Oba Oginni started bringing animals into the premises of the guesthouse and the hospital, littering the premises with dung. Sources said he was cautioned many times before he agreed to cage the animals.

After this, investigations revealed that the monarch started building shops along the fence of the guesthouse. He was cautioned severally and even through letters, but he continued.

“He allocated the shops and collected rents and commercial activities started. This is against the layout of the hospital. So, the hospital got approval to demolish the shops and the Board of Management also gave approval for the hospital management to terminate the contract of the Guest House.

“He then massively vandalised the guest house, put fetish objects there. He wrote Otegbayo ‘ole’ all over the fence and building, and hung his photograph on the wall. He then wrote petitions to the chief of army staff and the then minister of health who absolved UCH of any wrongdoing,” an inside source revealed.

It was learnt that along the line, he called the then Director of Administration (DA), allegedly threatening that the CMD and the DA will die on the matter if they failed to back off. Reports have it that the duo informed the Department of State Service (DSS) of the threat to life and wrote to the Divisional Police Officer (DPO) and Commissioner of Police, but nothing was done, forcing the hospital to file a civil suit in an Ibadan High Court.

The Guardian learnt that the stance of the police on the matter was really surprising as they failed to act on the petition or caution the monarch over the threat to life.

Further investigations revealed that the Police disposition of allowing Oba Oginni to walk freely, despite various allegations against might not be unconnected to the cordiality between the police and the monarch, who it was gathered built several numbers of toilets for police stations in Ibadan and Osun State.

Following the development, the hospital dragged Oba Oginni to court over alleged breach of partnership agreement for completion, operation and transfer of the Guest House.

According to the writ of summons filed by the counsel to the UCH, the hospital demanded a sum of N250, 000,000 and termination of contracts with De-Executive Suites and its promoter, over alleged breach of terms.

The hospital’s claims against the defendant was as follows: “A declaration that the defendant is in breach of the partnership agreement for completion, operation and transfer of the University College Hospital Guest House situate, lying and being at South Campus of the University College Hospital, Ibadan dated March 1, 2021.

“A declaration that the claimant’s intention to relieve itself from the partnership relationship between it and the defendant after repeated warning letters and advice to the defendant to desist from continuous breach of the conditions of the agreement between the parties by virtue of a letter dated March 1, 2023 wherein the defendant was given six months’ notice of the claimant’s intention to terminate the relationship is valid, legal, enforceable and in accordance with the provisions of the said agreement.

“An order for the immediate termination of the partnership relationship between the claimant and the defendant in view of the defendant’s flagrant and consistent breach of the terms of the said partnership agreement.

“The sum of N250, 000,000.00 being special and general damages against the defendant, its agents, servants and/or privies or whosoever claiming through or on its behalf for breach of the said partnership agreement.

“A perpetual injunction restraining the defendant, its agents, servants and/or privies or whosoever is claiming through or on its behalf from continuing further operations and/or management of the said Guest House consequent upon the said partnership agreement.”

However, while the subsisting suit is still pending, the arrest and detention of the CMD necessitated the current suit, forcing him to approach the court for an order for the enforcement of his fundamental rights.

One of the reliefs sought is an order of injunction restraining the first respondent, it’s officers, servants, agents and privies from further inviting, arresting and detaining him, pursuant to the said contractual relationship existing between UCH Management Board and Oba Oginni.

From the applicant sighted by The Guardian, the grounds upon which reliefs are sought are: “That under and by virtue of Section 34,35, 41 and 44 of the 1999 Constitution of the Federal Republic of Nigeria, the applicant is entitled to his personal liberty, right to freedom of movement and respect for the dignity of his person.

“That the invitation, arrest, detention invitation, arrest, detention and the subsequent release on bail of the applicant by the first respondent, its officers, servants, agents and privies in the complaint of Oba Oginni pursuant to a contractual relationship existing between the UCH Management Board and the police is a gross violation of the applicant’s right to personal liberty, right to freedom of movement and right to dignity of human person as provided, protected and guaranteed under Section 34, 35, 41 and 44 of the 1999 constitution of the Federal Republic of Nigeria (as amended).

“That the said invitation, arrest, detention and the subsequent release on bail of the applicant has caused him disgrace, emotional and mental distress and humiliation.

“That applicant has not committed any criminal offence necessitating his said invitation, arrest, detention and the subsequent release on bail…”