Justice Akintunde Savage of an Ikeja High Court has summoned the Lagos State Controller of Nigeria Correctional Services (NCoS) Alagbon in Ikoyi to throw light whether or not the Chairman of Confidence Cargo Freight Forwarder, Dada Aigbe, who was committed to a one month prison for contempt, was in prison custody or not.
Justice Savage also ordered that the Deputy Sheriff of Lagos High Court, one Mr Michael Alogaga, be summoned to court to tell the court how he served court process on Aigbe.
Counsel to the claimant, the judgment creditor in the suit marked no ID/3831LMW/2016, Mr Maruf Jimoh-Akogun, said the case instituted by the HRM Oba Shakirudeen Adeshina Kuti for themselves and on behalf of the Ajamogun/Onikotun family of Ewu kingdom.
The claimant filed the suit against the Osolo of Osolo, HRM Oba Agbabiaka Kabir Orisedeko Elemo and the Baale Mafoluku Ajao Estate, Chief Hussam Raheem Shekoni Elemo as the first and second defendants respectively
Savage adjourned the case until April 25 for the controller and the sherif to be in court and give evidence of the whereabout of the embattled freight forwarder.
Jimoh-Akogun, in his hearing notice dated April 22, had applied before the court to summon the controller general and the court sherif to produce Aigbe (contemptnor) or give evidence in court whether or not he was truly in prion.
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, the application which was filed and moved by Jimoh-Akogun.
The judge, in his enrollment order dated Mach 11 had said “Mr Dada Aigbe is hereby committed to Kirikiri Maximum prison for a period of one month or until he purges himself of the contempt of this court and files an affidavit to henceforth not disobeys this court or any court order,”
In order to effect the court order, the deputy sheriff of 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, however, 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.
Jimoh-Akogun argued that following the arrest of the Dada Aigbe, the convict had not been taken into Kirikiri custody.
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 Alogada, 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.
Team of 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 aside an order of the court committing the Aigbe to prison for a month.
