Justice Akintunde Savage of the Lagos State High Court in Ikeja has expressed his displeasure over the failure of Lagos State Controller of Nigeria Correctional Services, NCoS, Alagbon in Ikoyi, for non-appearance in court following a summon by hearing notice issued against him.
Hence, the judge subpoenaed him over non-adherence and non-appearance.
The judge subpoenaed the controller to appear in court to clarify whether or not the Chairman of Confidence Cargo Freight Forwarder, Dada Aigbe, who was committed to one month in prison for contempt, was in prison custody.
Ruling on Thursday Justice Savage said he was satisfied that he ordered hearing notice on the controller general of Kirikiri Prison on April 22 about 2.30 p.m.
According to the judge, “I have issued two hearing notice, the Sheriff is in court but there is no representation from the correctional centre and there is proof of service.”
He added, “To me, that is an affront on my authority and I am not happy that they have disobeyed my order.
“However, I am convinced that the suggestion of the counsel for the judgement creditor, that I execute a subpoena which he had prepared.
“I will execute the subpoena and give them the last opportunity to appear before me on May 2, 2024 at 11.00 a.m.”
This judge order was sequel to an application by the Mr. Maruf Jimoh-Akogun, counsel to judgement creditor in a 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.
Counsel to the claimant, the judgement creditor in the suit marked no ID/3831LMW/2016, Mr. Maruf Jimoh-Akogun, in his hearing notice dated April 22, had prayed the court to summon the Lagos Controller of Correctional Service and the Court Sheriff to produce Aigbe (contemnor) or give evidence in court whether or not he was truly in prison.
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 counsel for the claimant, the judgement creditor in the suit marked no ID/3831LMW/2016, Mr. Maruf Jimoh-Akogun, had prayed the court to issue subpoena on the controller.
The lawyer argued that the correctional centre withheld judgement.
“In the interest of justice, we want to urge the court to grant a short adjournment for us to serve our subpoena.
“If my lord has ordered that the officer of the correctional centre be appeared before this court and they refuse, that is a disrespect to this honourable court.
“I have prepared a subpoena in addition to the hearing notice to be served on them.”
Counsel for the respondent judgement debtor, led by Adeniji (SAN), however, said that subpoena should not come into picture yet since summon had been served on them.
Meanwhile, Michael Alogaga, a Sheriff who works with the High Court of Lagos State since 2007 has confirmed service of court process in form of Form 48 on convicted Dada Aigbe, the business man.
Alogaga made this disclosure at the resumed hearing on Thursday, when he appeared before Justice Savage explaining how he served the court process on Aigbe, who was convicted to prison for one month for contempt, but whose whereabout is unknown alledgedly.
When Alogaga appeared to give evidence in court following his summon, the judge directed some questions at him.
In his response, Alogaga claimed, “I served one Dada Aigbe on 1st October, 2023 at Adeniji Police Station around 2p.m.
“He didn’t receive it but I threw it inside his vehicle. He was refusing service initially because he didn’t want to collect it.
The Sheriff however stated that he did not serve him any Form 49, but ensured that he served him Form 48 in the presence of the claimant’s representative, Mr. Jamiu Adetunji and a Police officer.
He claimed he was dressed in his uniform at the time of service.
But the counsel to the respondent judgement debtor, led by Adeniji (SAN), objected to his testimony.
According to the senior advocate, the Sheriff of High Court of Lagos State did not personally serve the Contemnor (Dada Aigbe).
In his words, “I put it to you that you were not the one that served the contemnor personally.”
The Sheriff of the High Court replied, “I personally served him, and he zoomed off.
Asked whether he threw the court process through the businessman’s car window, Alogaga said, “ No, no,no. He had not locked the door before I threw it in to him.
Following the seemingly resistance, he further explained that he went to his office and wrote a report that he was served in the presence of Mr. Adetunji.
After the back and forth arguments, Adeniji, SAN, presented video of an alledged attempted service by a person in a mufti before the court.
Following Adeniji’s application to show a video clip to the Sheriff, Mr. Maruf Jimoh-Akogun counsel to the claimant and Justice Savage, Mr. Adeniji said, I will like to suggest to you that you are in the video.”
As the Sheriff watched the video, he said, “I am not here, I can not put on mufti because of my duty. It is illegal to serve without uniform.”
The court order was issued following the filing of form 48 and 49 contempt proceeding against Aigbe.
Justice Savage further adjourned till May 2, 2024 for the subpoena to be served on the controller.
