The Lagos High Court sitting in Osborne, Ikoyi has further made an order compelling the police to produce a judgment debtor in a suspected Ponzi scheme, Bamise Ajetunmobi, on Friday, February 3.
Justice Toyin Oyekan-Abdullahi also made an order summoning the Investigative Police Officer (IPO), Mr. Aliyu of the Force Criminal Investigation and Intelligence Department (FCIID) Alagbon, Lagos, for failing to produce Ajetunmobi on thursday, in deference to the courtโs order.
Bamise, who is currently in the custody of the FCIID was said to have been arrested in Cรดte dโIvoire while trying to board a flight to the UK.
He and his wife, Elizabeth and two firms linked to them, Imagine Global Holding Company Ltd and Imagine Global Solutions Ltd were in October 2021 sued for defrauding some Nigerian investors to the tune of over N18.8billion.
The couple allegedly fled the country afterwards.
In July 2022, the investors obtained a court judgment in their favour, ordering the couple and their companies to pay back N15,541,350,000 with interest.
The whereabouts of the couple remained unknown, but following reports of Bamiseโs arrest and detention by the Nigerian Police, counsel to the judgment creditors, Adetunji Adedoyin-Adeniyi filed a motion ex-parte to compel his appearance in court.
The judge granted the order and adjourned till today, Feb 2nd for the police to produce Ajetunmobi.
But the police failed to do so.
At the commencement of proceedings today, Adedoyin-Adeniyi made an application pursuant to Section 68 of the Sheriff & Civil Process Act for the judge to issue a bench warrant on the third judgment debtor, Bamise Ajetunmobi for his failure to attend court.
Adedoyin-Adeniyi said: โI humbly wish to make an application that the court issue a warrant of arrest against the third judgment debtor, Bamise Ajetunmobi and for the police to ensure he is remanded in prison until the next adjourned date.โ
Counsel for one of the judgment creditors, Kolade Olawuni, supported the application.
โThis 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 be secured in one of the correctional centers under the courts jurisdiction,โ Olawuni said.
But Ajetunmobiโs counsel, Olakunle Nathan-Marsh said that his clientโ is actually being held under a court order.
โHe 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 cooperating with the police to bring out some facts,โ Nathan-Marsh said.
Adedoyin-Adeniyi, however objected to the lawyerโs appearance arguing that the matter is a motion ex-parte and Nathan-Marsh could only be seen and not heard.
He added that Bamise Ajetunmobi is a witness of the court, who has been summoned by the judge to answer questions on whether he can pay the judgment debt or not.
โThere is no charge against him (Ajetunmobi) in any court of law. No appeal against the courtโs judgment. He should be remanded in Ikoyi Correctional Centre until the next sitting of the court,โ Adedoyin-Adeniyi added.
Justice Oyekan-Abdullahi upheld Adedoyin-Adeniyiโs argument. The judge was also angry with the police for not obeying her order. She warned the police of the consequences of their actions.
The judge said: โHe (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 till now, nothing! They have disrespected the court by not comingโ
โThe third Judgement Debtor the AIG & the IPO are all in contempt of court. Are they larger than the law? The IPO has to be present in court at the next adjourned date. He has to tell the court why he didnโt come. He is contemptuous of court and he has to face the music. If he loves himself, he better come to court tomorrow with the third judgment debtor,โ the court said.
The court also ordered Fidelity Bank to comply totally with the Order on the Garnishee proceedings.
Justice Oyekan-Abdullahi said, it is hereby ordered; โthat Fidelity Bank shall comply with the Garnishee Order Nisi made on the 29th day of September, 2022.โ
โThat the Investigating Police Officer Aliu shall be present in this Court tomorrow the 3rd day of February, 2023, along with the 3rd Defendant to explain why the 3rd Defendant was not produced thereby flouting the order of this Honourable Court. Case adjourned to 3rd day of February, 2023 at 1.00p.m.โ
