Justice Akintunde Savage of a Lagos High Court sitting in Ikeja on Thursday , issued subpoenaed against the Lagos State Controller of Nigeria Correctional Services (NCoS) Alagbon for his refusal to appear in court over remand of a
businessman, Dada Aigbe, who was committed to one month in prison for contempt.
The judge subpoenaed was sequel to request by counsel to the judgement creditor, Mr. Maruf Jimoh-Akogun over disobedience to court order, that hearing notice was issued and served with the prove of service filed in court.
He expressed his displeasure over non appearance of the Lagos prison boss to give details on remand of a freight forwarder, Aigbe.
Justice Savage had on Monday, April 22 summoned the State Controller of Nigeria Correctional Services (NCoS) Alagbon, Ikoyi to appear in court to clarify whether or not businessman Dada Aigbe, who was committed to one month in prison for contempt, was in prison custody.
The court also ordered that the Deputy Sheriff of the State High Court, Micheal Alogaga, to appear before it on same day, to tell court how he served the contemnor (Dada Aigbe) the court processes.
The court order was a development 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.
It would be recalled that counsel to the claimant, the judgment creditor, Jimoh-Akogun in the suit marked no ID/3831LMW/2016, had in his hearing notice dated April 22, had 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.
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.
However, when the case was called, it was only the Court Sheriff, Alogaga that appeared as ordered by the court and narrated to court how he served Aigbe with court order.
Justice Savage therefore expressed his displeasure over non appearance of the State Controller of Nigeria Correctional Services (NCoS) despite prove of service of the summon and the hearing notice on the controller.
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. 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 at 11.00 a.m.”
Earlier before ruling, Alogaga
told court that he served Aigbe with court order.
Alogaga, 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 Chairman of Confidence Cargo Freight Forwarder.
He said, “I served one Dada Aigbe at Adeniji Police Station around 2p.m. I was delayed since morning, he was with the police upstairs. When he was coming, he refused to collect the document from me. He was with his police officer. I threw it inside his vehicle and he zoomed off.
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. He claimed he was dressed in his uniform at the time of service.
Counsel to the respondent judgement debtor, led by the Former Lagos State Attorney-General, Mr. Kazeem Adeniji (SAN), objected to his testimony.
When Adeniyi asked Alogaga whether he personally serve the contemnor (Dada Aigbe), he insisted he served him.
Asked whether he threw the court process through the businessman’s car window, Alogaga said, “ No, he had not locked the door before I threw it in the car.
Adeniji however said that he did not know why correctional center disobeyed court order being an agency of government.
The judge subsequently adjourned further hearing to May 2, 2024. Ordered that the subpoenaed be served on the Lagos controller of NCOs.
