Court Summons NCoS Controller, Deputy Sheriff Of Lagos High Court Over Custody Of Bizman
Kemisola Oye
JUSTICE Akintunde Savage of a Lagos High Court earlier today summoned the State Controller of Nigeria Correctional Services (NCoS), Alagbon, Ikoyi to throw light on whether or not a contemnor, Chairman of Confidence Cargo, Freight Forwarder, Dada Aigbe was in the facility.
The court also ordered that the Deputy Sheriff of the Lagos State High Court, Micheal Alogaga, appear before it on the same day, to tell the court how he served the contemnor the court processes.
The judge’s order was sequel to an application by Mr. Maruf Jimoh-Akogun, counsel to judgment-creditor in a case instituted by the HRM Oba Shakirudeen Adeshina Kuti for himself and on behalf of the Ajamogun/Onikotun family of Ewu Kingdom.
The claimant filed the suit against the Osolo of Isolo, HRM Oba Agbabiaka Kabir Orisedeko Elemo and Baale of Mafoluku Ajao Estate, Chief Hussam Raheem Shekoni Elemo as the first and second defendants, respectively
Counsel to the claimant, the judgment-creditor in the suit marked No ID/3831LMW/2016, Mr Maruf Jimoh-Akogun, in his notice dated 22 April 2024 prayed the court to summon the Lagos Controller of Correctional Service and the Court Sherif 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 11 March 2024 ordered that Aigbe be committed to prison for one month until he purges himself of the contempt.
The court order was sequel to Form 48 and 49, a contempt proceeding filed against Aigbe.
However, in order to effect the court order, the Deputy Sheriff of the High Court, took a “Request for Police Assistance” Form dated 18 March to the Commissioner of Police, Lagos State Command and the Form was received same date.
Jimoh-Akogun argued that barely a month after the court had ordered that Aigbe be remanded, he had not been taken to any correctional facility in the state. He said he was arrested and later released same day.
He prayed the court to invoke Section 116 of the 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 Alogaga, 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 5 April 2024, attached with the affidavit of extreme urgency, had prayed the court to set aside an order committing Aigbe to prison for a month.
After listening to their arguments and submissions, Justice Savage ordered that the Lagos State Controller of Nigeria Correctional Services (NCoS) Alagbon to appear before the court on 25 April 2024.
Eighteen-Eleven Media
