Justice Akintunde Savage of the Lagos State High Court in Ikeja has issued a summons to the Lagos State Controller of Nigeria Correctional Services, NCoS, in Alagbon, Ikoyi.
Court wants prisons explanation over Dada Aigbe
The Controller was ordered to appear in court on Thursday, April 25, 2024, to clarify whether or not businessman Dada Aigbe, who was committed to one month in prison for contempt, was in prison custody.
Justice Savage has also instructed the Deputy Sheriff of the Lagos High Court, Michael Alogaga, to appear in court to explain how he served the court process on Aigbe, who is the Chairman of Confidence Cargo Freight Forwarder.
This follows an application by counsel Mr. Maruf Babatunde Jimoh-Akogun Esq. in a case instituted by 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 has adjourned the case until April 25 for the controller-general and the Sheriff to provide evidence regarding the whereabouts of Aigbe.
Counsel to the claimant, Mr. Maruf Jimoh-Akogun, in his hearing notice dated April 22, applied before the court to summon the controller-general and the court sheriff to produce Aigbe (contemnor) or give evidence in court whether or not he was truly in prison.
The judge had on March 11, ordered that Aigbe be committed to prison for a period of one month until he purges himself of the contempt.
The court order was issued following the filing of form 48 and 49 contempt proceeding against Aigbe.
The application was filed and moved by Mr. Maruf Jimoh-Akogun, counsel to the claimant, the judgment creditor in the suit marked no ID/3831LMW/2016.
The judge, in his enrollment order dated March 11, 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 execute 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.
Dada Aigbe non-committal to prison
However, Mr. 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. He also argued that, following the arrest of Dada Aigbe, the convict had not been taken into Kirikiri custody.
Jimoh-Akogun prayed the court to invoke Section 116 of the Evidence Act, stating that 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,” Jimoh-Akogun said.
Counsel 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 Aigbe to prison for one month.
