The Lagos State High Court sitting in Ikorodu has granted an ex parte application authorising the commencement of committal proceedings against the Ayangbure of Ikorodu, Oba Kabir Adewale Shotebi and Alhaji Jamiu Shittu for allegedly defying a court order.
Justice A. F. Pokanu granted leave to Chief Kameeel Adisa Dada and Hon. Gbenga Oshin to serve Form 49 on Oba Shotebi and Shittu for allegedly removing Dada as the Head of the Regun Family and Regun of Ikorodu, contrary to a court order.
In court procedure, Form 48 is a notice of consequence of disobedience of court order, while Form 49 is a notice to show cause why order of committal should not be made against the recipient.
The judge made the order on June 8, in Suit IKD/87380CM/2022 between Dada and Oshin as 1st and 2nd Claimants/Applicants for themselves and on behalf of the Regun Family of Ikorodu, and Oba Shotebi and Shittu as 1st and 2nd defendants/respondents.
The order followed the claimants’ June 8 motion ex parte under Order 9 Rule 5 (e) of the High Court of Lagos State (Civil Procedure) Rules 2019.
In it, the applicants prayed the court “for an order for the committal to prison of the respondents for having disobeyed the order of this Honourable Court made on the 26th day of April, 2022 compelling them to:
“‘1. Maintain status quo as at today: to the effect that the 1st Claimant is the Head of Regun Family and Regun of Ikorodu as at today 27/04/2022; pending the hearing and determination of Motion on Notice dated 20/04/2022. Parties shall refrain from taking any steps that will undermine the jurisdiction of this Court.’
“AND the Respondents have despite notice of the said subsisting orders made on the 26th day April, 2022 by this Honourable Court:
“i. Proclaimed at the Ayangbure’s palace to have removed the 1st Claimant as the Head of Regun family and Regun of Ikorodu on the 20th day of May, 2022 and on the said day announced one Adeniran Olusegun Shodipo as the new Regun of Ikorodu contrary to the order made by this Honourable Court on 26th April, 2022
“ii. The 2nd Respondent continuing to parade himself as the Head of Regun Family of Ikorodu.”
Granting the application, Justice Pokanu held: “Upon reading the affidavit in support of Akinde Oluwashola Temitayo, Sheriff of the High Court of Lagos State, after hearing, Yemi Okewoye for the Claimant move in Support of the application and Olatunji Oshikoya for the defendants, it is hereby ordered as prayed:
“Leave is granted to the Claimants/Applicants to serve Form 49 or any other Originating Process or Process that may be filed or issued in this Suit of which personal service is or may be required on the Defendants by causing same to be served on their Solicitors Olatunji Osikoya Esq of Olatunji Osikoya & Co. at 69 Ayangbure Road, Ikorodu, Lagos State, the Defendants’ Legal Practitioner or his Clerk and that such service may be deemed to be proper service. I so Order.”
The judge adjourned till July 8, 2022 for ruling.