Hon. Justice Tijjani Ringim of a Federal High Court sitting in Lagos, has ordered the Lagos State Attorney-General, Commissioner for Transport and the Head of Lagos State Traffic Management Authority (LASTMA) to appear before his court over alleged continuous disobedience to two orders of the court.
Also ordered to appear before the court on the alleged contempt, is one Mr. I. A. James, a LASTMA official.
Justice Ringim compelled the appearance of the alleged contemnors after taking submissions from a lawyer, Adeniyi Komolafe, who moved an application to commit them to prison, for willfully disobeying two orders of the court in two suits numbered FHC/L/CS/653/2011 and FHC/L/CS/83/12, made by Justice Okon E. Abang and Justice John T. Tsoho, respectively.
The suit was filed against the alleged contemnors by Mr. Jonathan Ademola Odutola, whose two vehicles were illegally confiscated.
The judgment creditor, Odutola, through his lawyer, Komolafe, had filed Form 49 because of the alleged contemnors willful disobedience to the two court orders, the judgment creditor.
Komolafe, while moving the Form 49, told the court that the application to commit the alleged contemnors to prison, was pursuant to Section 72 of The Sheriffs And Civil Process Act Cap. S6 Laws Of the Federation of Nigeria, Order 9 Rule 13 of the Judgment Enforcement Rules and Under the Court’s Inherent Jurisdiction.
The judgment creditor in affidavit in support of the contempt application deposed to by Azeez Badru, a Chief Litigation Officer in the law firm of Kehinde Osibona & Co., Solicitors to the Plaintiff, stated that the court in a judgment delivered on September 16, 2011, restrained all the respondents whether by themselves,their servants, agents or otherwise howsoever called from continuing arrest and detention of the plaintiffs vehicles and further violation on the plaintiffs right to own properties.
The deponent stated that all the respondents participated fully during the proceedings of the court and were aware of the said orders of the Court.
He said that the respondents had deliberately and arrogantly refused to obey the said orders of the court and are still continuing to violate the right of the plaintiff and to release the detained vehicles as ordered by the court.
The deponent stated that despite the fact of the respondents’ awareness of the said orders, the plaintiff caused to be served on them Form 48 (Notice of Consequences of Disobedience to Order of the Court) on the first and second contemnors on February 14, 2022 while the third contemnor was served on the February 10, 2022.
He stated that the alleged contemnors still refused to comply with the said orders and had continued to disobey the subsisting orders of this Honourable Court thereby rendering them nugatory.
He informed the court that the office of the fourth respondent blocked all the access possible for the plaintiff to reap the dividend of the judgments refusing to release two of the vehicles apprehended.
He, therefore, urged the court to grant the prayers sought on the motion paper and to commit the respondent to prison for wilfully disobeying orders of the court.
Justice Ringim after listening to the judgment creditor’s lawyer, ordered all the alleged contemnors to appear before the court on November 15, 2023, and that hearing notice be issued and served on each of the alleged contemnors.
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