An Ikeja High Court has subpoenaed the Lagos State Controller of Nigeria Correctional Services (NCoS) in Alagbon, Ikoyi, over his non-adherence and non-appearance for the hearing notice issued by the court against him.
Justice Akintunde Savage subpoenaed the controller on Thursday, following his disobedience to appear in court to throw light on whether or not the Chairman of Confidence Cargo Freight Forwarder, Dada Aigbe, who was committed to a one-month prison for contempt was in custody.
In his ruling, Savage said he was satisfied that he ordered a hearing notice on the Controller of Kirikiri Prison on April 22 at about 2.30 p.m.
“I have issued two hearing notices. The Sheriff is in court, but there is no representation from the correctional centre and there is a proof of service.
“To me, that is an affront to my authority and I am not happy that they have disobeyed my order.
“However, I am convinced with the suggestion of the counsel for the judgment 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,” he said.
The judge, thereafter, adjourned the case until May 2, for the prison controller to appear in court.
Earlier, counsel for the claimant, the judgment creditor in the suit marked no ID/3831LMW/2016, Mr Maruf Jimoh-Akogun, had prayed the court to issue a subpoena on the controller.
Jimoh-Akogun argued that the correctional centre withheld judgment.
“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 refused, that is a disrespect to this honourable court.
“I have prepared a subpoena in addition to the hearing notice to be served on them,” he said.
Counsel for the respondent judgment debtor, led by a former Lagos State Attorney-General, Mr Kazeem Adeniji (SAN), however, said that subpoena should not come into picture yet since summon had been served on them.
Earlier, the court Sheriff, Mr Michael Alogaga, who was also summoned by the court confirmed service of court process in form of Form 48 on the contemptnor, Aigbe.
The judge had asked Alogaga how he served Aigbe, whose whereabout was allegedly unknown and he said: “I served one Dada Aigbe on Oct. 1, 2023 at Adeniji Police Station at about 2.00 p.m.
“He did not receive it, but I threw it inside his vehicle and he zoomed off immediately.
“He initially refused to receive the court process, though, I did not serve him any Form 49, but I ensured that I served him Form 48 in the presence of the claimant’s representative, Mr Jamiu Adetunji and one policeman on uniform.”
Adeniji (SAN), under cross-examination, however, objected his testimony.
According to the senior lawyer, the Sheriff did not personally serve the vontemptnor.
He said: “I personally served him, but he zoomed off.
“He had not locked the door before I threw the court process to him.
“I went back to my office and wrote a report that I served it in the presence of Mr Adetunji.”
The court had on April 22 summoned the Controller of Lagos Correctional Centre and the Deputy Sheriff of Lagos High Court over the whereabout of embattled Aigbe.
Jimoh-Akogun said the case was instituted by 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, Oba Agbabiaka Kabir, Orisedeko Elemo and the Baale Mafoluku, Ajao Estate, Chief Hussam Raheem Shekoni Elemo, as the first and second defendants, respectively.