An Ikeja High Court, on Monday, 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 custody or not.
Justice Akintunde Savage also ordered that the deputy sheriff of Lagos High Court, one Michael Alogaga, be summoned to court to tell the court how he served the court process on Mr Aigbe.
Counsel for the claimant, the judgement creditor in the suit marked no ID/3831LMW/2016, Maruf Jimoh-Akogun, said the case was instituted by 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, Oba Agbabiaka Kabir Orisedeko Elemo and the Baale Mafoluku, Ajao Estate, Hussam Raheem Shekoni Elemo, as the first and second defendants, respectively.
Mr Savage adjourned the case until April 25 for the controller and the sheriff to be in court and give evidence of the whereabouts of the embattled freight forwarder.
Mr Jimoh-Akogun, in his hearing notice dated April 22, had applied before the court to summon the controller general and the court sheriff to produce Mr Aigbe (contemnor) or give evidence in court whether or not he was truly in prison.
The judge had, on March 11, ordered that Mr Aigbe be committed to prison for a period of one month until he purged himself of the contempt.
The court order was sequel to forms 48 and 49 contempt proceeding filed against Mr Aigbe, the application which was filed and moved by Mr Jimoh-Akogun.
The judge, in his enrolment 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 disobey this court or any court order.”
In order to effect the court order, the deputy sheriff of the 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 on the same date.
Mr Jimoh-Akogun, however, argued that barely a month after the court had ordered that Mr Aigbe be remanded, he had not been taken to any correctional centre in the state.
Mr Jimoh-Akogun argued that following the arrest of Mr Aigbe, the convict had not been taken into Kirikiri custody.
He prayed the court to invoke Section 116 of the Evidence Act.
According to him, Mr Aigbe had yet to purge himself of the flagrant disobedience to court order.
“I urge My Lord to extend the ruling mandating Michael 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,” Mr Jimoh-Akogun said.
Counsel for the respondent judgement debtor, led by a former Lagos state attorney-general, 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 Mr Aigbe to prison for a month.
(NAN)