The Controller of the Lagos State Command Headquarters of Nigeria Correctional Services, NCoS, Alagbon, Ikoyi, has informed Justice Akintunde Savage sitting in Lagos High Court, Ikeja, that the prison authority did not receive committal warrant of the Chairman of Confidence Cargo Freight Forwarder, Dada Aigbe.
No record of Dada Aigbe
Represented by Rotimi Oladokun, who serves at the Legal Unit of custodial facility, he told the court that the five correctional centres including Kirikiri Maximum or Medium have no record or remand warrant of a convict, Dada Aigbe in their file.
The officer said he was in court sequel to the subpoena served on the Controller of the correctional centre, Lagos Command on the order of the court.
It would be recalled that Justice Savage 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 judge order was sequel to disobedience of Aigbe to appear in court after Form 48 and 49 contempt proceeding was filed against him in a suit filed by Mr. Maruf Jimoh-Akogun, counsel to judgement creditor.
Jimoh-Akogun had in a suit marked in ID/3831LMW/2016 instituted by the HRM Oba Shakirudeen Adeshina Kuti for themselves and on behalf of the Ajamogun/Onikotun family of Ewu Kingdom against the Osolo of Osolo, HRM, Oba Agbabiaka Kabir Orisedeko Elemo and the Baale Mafoluku Ajao Estate, cas the first and second defendants respectively.
At the proceeding, Oladokun told the court that he joined the correctional centre in 2012 and was serving at the State Command.
According to him, “I am under the directive of the command, I was brief about the matter. From our record, the command did not receive a committal or remand warrant. We have verified from our internal communication, there was no record of Dada Aigbe.”
Set aside committal proceedings on Dada Aigbe
Meanwhile, the judgement debtors defendants/respondents counsel, Mr K. U Okoro had filed an application dated April 29, in pursuant to Section 60b (36) and Section 94 of the Sheriff Law.
The motion seeks relief as follows: an order setting aside the entire committal proceedings on the ground that it was served by an unknown sheriff and such further order. The ground of the same notice is that it was not served on the applicant.
The judge held that he had read the objection and counter, and if he was not convinced that it was served, he wouldn’t issue the conviction.
Okoro argued that,”We are also saying that the court did not have jurisdiction to give the order. We urged the court to set aside the order and to rule in our favour and grant our relief.”
Jimoh-Akogun in his response opposed the preliminary objection, said they have filed a counter affidavit to their objections.
He told court that the reason for Aigbe’s committal to prison is the complaint that he involved himself in a land matter that he is not a party to.
He said the court had ordered a status quo on the ‘Res’ but Aigbe continued building on the land in dispute. He claimed that the ancestral family land along Airport Road, Ewu Town, Mafoluku, Oshodi, Lagos, was allegedly invaded by Dada Aigbe and his agents.
He argued that the court had on April 2, 2024 heard how Aigbe was served by the Sheriff of High Court, Michael Alogaga who was also subpoenaed and testified.
“My Lord, there is evidence of service before the court. The Sheriff is under exclusive rules. I refer my lord to the provision of Section 103 (1) of the Sheriff and Civil Act.”
He further argued that the service was effected outside the jurisdiction. The service of Form 49 was effected in Abuja, the service was not denied. We are saying that the Bailiff that served the contemnor is a competent person. He cited Section 116 of Evidence Act to buttress his arguments.
Jimoh-Akogun prayed the court to dismiss the preliminary objection with punitive cost. Noted that correctional official and the court sheriff has testified that the convict is not in prison and the counsel is asking the court to purge him of contempt.
He therefore referred the court to the affidavit in support of the Motion on Notice dated April 30, 2024 filed by convict counsel, Tracy Dike, legal practitioner of Kingsley Grays LP averred that she has the consent of the Applicant/Contemnor as well as the employer to depose to the affidavit.
“That I was informed by Mr Dada Aigbe in the Kirikiri Correctional Centre, Olodi Apapa Lagos on 30th of March 2024 at about 12p.m during a briefing on the case. I verily believe him.”
Dada Aigbe… out of the country?
In another fundamental human rights suit instituted by Alhaji Chief Jamiu Adetunji Kushimo against the Inspector General of Police Zone 2 Lagos, Director General Department of State Service Abuja, the Deputy Director Department of State of Services, Mr. Omogbenga Elesheku, Director Base Command, Department of State of Service, Lagos and Oludayo Dada Aigbe as respondents, Tracy Dike averred that the fifth respondents was out of the country.
In her affidavit in support of the motion on notice dated April 16, the same Dike sworn that is, “a counsel in the Law Firm of Kingsley Grays LP, Solicitors to the 5th Respondent and by virtue of which position I am conversant with the facts of this case.
“That I have the consent of the 5th Respondent as well as that of my employer to depose to this affidavit. That I am informed by my Principal K.U Okoro Esq., on or about 1p.m and I verily believed him.
“That however, it is imperative to state that we were unable to get in touch with the 5th Respondent (Aigbe) who is supposed to avail us with some vital information with respect to certain issues raised by the applicant in his Motion on Notice and when we eventually did, it was discovered that he travelled to United Kingdom for a medical check-up being a cancer patient and this impediment made it impossible for him to avail us with the necessary information needed for the preparation of the Counter-Affidavit opposing the Motion on Notice of the Applicant.
“That, by the time he returned from the medical checkup and provided us with the vital information needed to enable us to prepare the Counter-Affidavit of the 5th Respondents, the time prescribed by the rules of court had already elapsed. Unfortunately, the 5th respondent could not file his counter-affidavit within the time prescribed by the Rules of Court.”
However, after listening to their arguments Justice Savage adjourned ruling on an application seeking to set aside the entire committal proceeding to June 17, 2024.
