Bamise Ajetunmobi, a judgement debtor for N15,541,350,000.00 in an alleged Ponzi scheme, must be produced by the police on Friday, February 3, according to a Lagos State High Court ruling on Thursday.
Bamise, who is in FCID custody and is believed by the claimants to have been detained in Côte d'Ivoire while attempting to board a flight to the UK, is in FCID custody. Justice Taofiquat Oyekan-Abdullahi also summoned an Investigative Police Officer (IPO), Mr Aliyu of the Force Criminal Investigation and Intelligence Department (FCIID), Alagbon, Lagos, for failing to produce Ajetunmobi on
In October 2021, he and his wife Elizabeth were sued for scamming some Nigerian investors out of more than N18.8 billion together with two businesses connected to them, Imagine Global Holding Company Ltd and Imagine Global Solutions Ltd.
After that, the pair was charged with leaving the nation.
The couple and their firms were ordered by a court verdict in favour of the investors in July 2022 to repay N15,541,350,000 plus interest.
The couple's whereabouts were unknown, but after hearing that Bamise had been detained by the Nigerian Police and arrested in Côte d'Ivoire, the judgement creditors' attorney, Mr Adetunji Adedoyin-Adeniyi, filed an ex parte motion to force Bamise's appearance in court.
The judge upheld the request and set yesterday as the new date for the police to present Ajetunmobi.
It did not succeed, though.
Adedoyin-Adeniyi requested the judge issue a bench warrant on the judgement debtor at the start of yesterday's hearings.
The police were cautioned by a furious Justice Oyekan-Abdullahi of the repercussions if they disobeyed the court's decision.
Adedoyin-Adeniyi said: “I 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 taken to prison until the next adjourned date.”
Counsel to 2nd set of judgment creditors, Kolade Olawuni, supported the application.
“This lack of appearance is a disrespect 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, ” he said.
But Ajetunmobi’s counsel, OlaKunle Nathan-Marsh said that his client is actually 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 policy 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 objected to the lawyer’s appearance on the ground that the matter is a motion ex parte.
He added that Ajetunmobi is a witness of the court, to answer questions on whether he can pay the judgment debt or not.
“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 court sitting,” Adedoyin-Adeniyi added.
Justice Oyekan-Abdullahi upheld Adedoyin-Adeniyi’s argument.
But the judge 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 till now, nothing! They disrespected the court by not coming”
“Both the third defendant the AIG & 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. The law can't wait for him if he doesn’t want to come to court.”
The judge adjourned the case till Friday 3rd of February for the police and Ajetunmobi to appear.