New Telegraph

NCoS To Court: We Have No Remand Warrant Of A Convict, Aigbe

The Lagos State Command of the Nigeria Correctional Services (NCoS) has informed the High Court of Lagos State, Ikeja, presided over by Justice Akintunde Savage that it did not receive the committal warrant of the Chairman of Confidence Cargo Freight Forwarder, Dada Aigbe. The NCoS through its representative from the Legal Unit of the state Command of the Correctional Centre, Alagbon, Ikoyi, Rotimi Oladokun specifically confirmed to the judge that the five Correctional Centres in the state including the Kirikiri Maximum and Medium prisons have no such record.

The witness also affirmed to Justice Savage that he had appeared in court consequent upon the ‘Subpoena testicandum’ served on the Controller of the Correctional Center, Lagos Command, on the order of the court. Justice Savage had, on March 11, ordered that Aigbe be committed to prison for one month until he purges himself of contempt. The decision of the court came sequel to the disobedience of Aigbe to appear before the court after form 48 and 49 con- tempt proceedings were filed against him in a suit instituted by Maruf Jimoh-Akogun, the counsel for the judgement creditor.

Jimoh-Akogun had in a suit designated ID/3831LMW/2016 instituted by Oba Shakirudeen Adeshina Kuti for themselves and on behalf of the Ajamogun/Onikotun family of Ewu kingdom against the Osolo of Isolo, Oba Agbabiaka Kabir Orisedeko Elemo and the Baale, Mafoluku Ajao Estate, Chief Hussam Raheem Shekoni Elemo as the 1st and 2nd defendants respectively. Testifying before the court, Oladokun said, “From our record, the Command did not receive a committal or remand warrant. We have verified from our internal communications that there was no record of Dada Aigbe.”

In the meantime, the judgement debtors defendants/respondent counsel, Mr K. U Okoro had initiated an application dated April 29, pursuant to Section 60b (36) and Section 94 of the Sheriff Law. The application is seeking an order to set aside the entire committal proceedings on the ground that it was served by an unknown sheriff. The ground of the same notice is that it was not served on the applicant. Okoro further argued that “We are also saying that the court does not have the jurisdiction to give the order.

We urge the court to set aside the order and to rule in our favour.” In responding, Jimoh-Akogun who opposed the preliminary objection, maintained that he had filed a counter-affidavit to their objections, adding that the reason for Aigbe’s committal to prison was that he involved himself in a land matter that he was not a party to.

The lawyer insisted that the court had ordered a status quo on the ‘Res’ but Aigbe continued building on the land in dispute. Jimoh-Akogun claimed that the ancestral family land along Airport Road, Ewu Town, Mafoluku, Oshodi, Lagos, was allegedly invaded by Aigbe and his agents. While arguing that the court had on April 2, 2024, heard how Aigbe was served by the Sheriff of the High Court, Micheal Alogaga who was also subpoenaed and testified, Jimoh-Akogun said, “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.” The counsel further maintained that the service was effected outside the ju- risdiction. “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 per- son,” just as he cited Section 116 of the Evidence Act to buttress his arguments. Jimoh-Akogun prayed to the court to dismiss the preliminary objection with punitive cost. After entertaining arguments from parties, Justice Savage fixed June 17, 2024, for a ruling on an application seeking to set aside the entire committal proceeding

Read Previous

Ibrahim Chatta: I Rarely Get Award Nominations But I’m Not Bothered

Read Next

The Tale of a Non Contagious Central Nervous System Disorder