Court Orders Prison Head Over To appear before it over Contemnor’s Custody

 




Justice Akintunde Savage of a Lagos High Court has summoned the State Controller of Nigeria Correctional Services (NCoS) Alagbon in Ikoyi to throw light on whether or not the contemnor, Chairman of Confidence Cargo, Freight Forwarder, Dada Aigbe was in the facility.

The court also ordered that the Deputy Sheriff of the State High Court, Micheal Alogaga, to appear before it on same day, to tell court how he served the contemnor the court processes.

This judge order was sequel to an application by Barrister, Maruf Jimoh-Akogun, counsel to a judgement creditor in a suit filed by a Lagos monarch, HRM Oba Shakirudeen Adeshina Kuti for themselves and on behalf of the Ajamogun/Onikotun family of Ewu kingdom.

The claimants had filed the suit against the Osolo of Osolo, HRM Oba Agbabiaka (now late), Kabir Orisedeko Elemo and the Baale Mafoluku Ajao Estate, Chief Hussam Raheem Shekoni Elemo, who were listed as the first and second defendants respectively.

Counsel to the claimant, the judgment creditor in the suit marked no ID/3831LMW/2016, Jimoh-Akogun, in his hearing notice dated April 22, had prayed the court to summon the Lagos Controller of Correctional Service and the Court Sherif to produce Aigbe, the alleged contemnor, or give evidence in court whether or not he was truly in prion.

It would be recalled that the judge had on March 11, ordered that Aigbe be committed to prison for a period of a one month until he purges himself of the contempt.

The court order was sequel to form 48 and 49 contempt proceeding filed against Aigbe.

However, in order to effect the court order, the deputy sheriff of Lagos State High Court, took a “Request for Police Assistance” form dated March 18 to the Commissioner of Police, Lagos State Command and the form was received same date.

Jimoh-Akogun, argued that barely a month after the court had ordered that Aigbe be remanded, he has not been taken to any Correctional centre in the State. Adding that he was arrested and released same day.

He prayed the court to invoke Section 116 of Evidence Act.

According to him, Aigbe was yet to purge himself of the flagrant disobedience to court order.

“I urge my lord to extend the ruling mandating Micheal Alogaga, a sheriff of this court and Lagos Controller of Correctional Centre to come to this court  on Thursday to give evidence whether Dada Aigbe is in prison or not.” Jimoh-Akogun said.

Lawyers to the respondent/ judgment debtor, led by the Former Lagos State Attorney-General, Mr Kazeem Adeniji (SAN) in a motion dated April 5, attached with  the affidavit of extreme urgency, had prayed  to court to set aside an order of the court committing the Aigbe to prison for a month.

After listened to their argument and submissions, Justice Savage ordered that the Lagos State Controller of Nigeria Correctional Services (NCoS) Alagbon to appear before court on April 25.

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