Failure to produce a N15,541,350 billion judgment debtor and a suspected Ponzi scheme operator, Bamise Ajetunmobi, before a Lagos State High Court in Osborne, Ikoyi, today, may land the Assistant Inspector General of Police (AIG) in charge of Force Criminal Investigation and Intelligence Department (FCIID) Alagbon-Ikoyi, in trouble.
This is because he might likely face contempt of court if he is not able to produce the defendant.
Before now, the court, presided over by Justice Taofiqat Oyekan-Abdullahi, had renewed its earlier order, mandating the police AIG and Investigative Police Officer (IPO) in the case, Mr. Aliyu, to produce Ajetunmobi today, or commit them to prison for jettisoning the order of the court.
Ajetunmobi, who is said to be in the custody of the FCIID, was said to have been arrested in the Ivory Coast while trying to board a flight to the United Kingdom (UK).
In specific terms, Ajetunmobi and his wife, Elizabeth, alongside two firms linked to them, Imagine Global Holding Company Limited and Imagine Global Solutions Limited were in October 2021 dragged before the court for allegedly defrauding some Nigerian investors to the tune of over N18.8 billion.
The couple was afterward accused of fleeing the country (Nigeria).
However, in July 2022, the investors obtained a court judgment, ordering the couple and their companies to pay back N15,541,350 billion with interest.
However, the whereabouts of the couple remained unknown, but following reports of Ajetunmobi’s arrest in the Ivory Coast and detention by the Nigerian Police, counsel to the judgment creditors, Mr. Adetunji Adedoyin-Adeniyi filed a motion ex parte to compel his appearance in court.
The judge had on Tuesday, January 31, granted the order and adjourned until February 2, for the police to produce Ajetunmobi, but the order was not complied with.
When hearing on the matter resumed yesterday, Adedoyin-Adeniyi urged the judge to issue a bench warrant on the judgment debtor.
Adedoyin-Adeniyi equally applied that the court issue a warrant of arrest against the third judgment debtor, Bamise Ajetunmobi, and for the police to ensure he is taken to prison until the next adjourned date.
Counsel to the second set of judgment creditors, Kolade Olawuni, supported the application.
According to Olawunmi, “This lack of appearance is a disrespect both by the judgment debtor and the police.
“He has been in police custody for more than four weeks, which is not in furtherance of any court order. He will be granted bail and allowed to jump bail, hence our application that his attendance in court is secured in one of the correctional centres under the court's jurisdiction.”
In responding, Ajetunmobi’s counsel, Olakunle Nathan-Marsh, revealed that his client is being held under a court order.
“He is in police custody. He is not responsible for his not being here. He has not refused to come. It is the police that has refused to bring him. There is a Notice of Appeal. There is a petition, and he is complying with the police to bring out some facts,” Nathan-Marsh said.
Adedoyin-Adeniyi, who objected to the lawyer’s appearance on the ground that the matter came by way of a Motion Exparte, added that Ajetunmobi is a witness of the court, to answer questions on whether he can pay the judgment debt or not.
Adedoyin-Adeniyi added, "There is no charge against him (Ajetunmobi) in any court of law. No appeal against the court judgment. He should be remanded in Ikoyi Correctional Centre until the next sitting of the court.”
In upholding the argument of Adedoyin-Adeniyi, Justice Oyekan-Abdullahi, said, “He (Ajetunmobi) is not here. I have even asked my orderly to check with his colleagues to find out whether they are having challenges with bringing him to court. Up until now, nothing! They disrespected the court by not coming.
“Both the third defendant, AIG, and the IPO, are in contempt of court. Are they larger than the law? IPO will have to be produced in court at the next adjourned date. He has to tell the court why he didn’t come to court. He is contemptuous of the court, and he has to face the music. If he loves himself, he better come to court tomorrow.
"Fidelity Bank must comply in toto with the court order and the IPO Aliyu of FCIID Alagbon, Lagos, shall be present in this court tomorrow to explain why the defendant was not produced and flouting the orders of the court. The law shall take its course.
“This case is a commercial transaction. If he has anything. Let him come to court to tell the court what he can do. If he doesn’t want to come to court, the law can’t wait for him.”
The case comes up today for the police and Ajetunmobi to appear.
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