Contempt: Magistrate Compels CP to Produce Oluwo in Court

By Abdulrafiu Agboola, Osogbo

Magistrate Olusola Aluko has given the last order to the Commissioner of Police, Mr Olafimihan Adeoye, to produce the Oluwo of Iwo, Oba AbdulRasheed Adewale Akanbi, in court on Friday January 6, 2017.

When the case came up on Friday, December 30, 2016, counsel to the applicant, Mr. Soji Oyetayo, informed the court that counsel to the accused monarch sent a later that he would not come to the court.

But, Oyetayo said that the counsel did not stated that the first respondent, Oba Akanbi, would not appear in court as ordered by the Magistrate.

The Magistrate, who was very furious when he learnt that the monarch refused to comply with his order to appear in court, stated that the claim of the Commissioner of police that he was not aware of the court order “is a joke of the century.”

Ruling with an angry voice, Magistrate Aluko, said “I am baffled that the CP is claiming ignorance of the court order. It must be a joke of the century. I am not joking with my order. My order remains my order.

He insisted that he would deal with the case of alleged threat by the monarch to issue traditional warrant against the Magistrate before he would hear the case brought to the court against the monarch.

The Oluwo-Oke of Iwo-Oke, Oba Kadiri Oba Adeoye, had instituted a thuggery case against Oba Akanbi, alleging that the monarch was involved in yahoo fraud among other allegations.

After several order that the accused monarch should appear before the court and he refused, Magistrate Olusola Aluko, finally issued a bench warrant against the monarch.

Despite that, the monarch refused to show up in court, and instead granted an interview where he purportedly threatened to issue traditional warrant of arrest against the Magistrate.

While referring to the alleged statement of the monarch in the court, Magistrate Aluko said he had made photocopies of the newspapers and the monarch must come and explain what he meant or deny saying it.

“I personally read and watched it on Channels Television on Friday 23rd of December 2016. Then on Monday 26th December 2016, Punch newspaper published it at page 12 a story caption: I’ll not appear before Osun magistrate.

“The story was also promoted on the front page of the paper; in the body of the story the first respondent was quoted that “It is a shame on judiciary to have such magistrate sitting. I have the print out of the statement base on channels television and newspaper publication.”

“It is no doubt that the statement is contemptuous in nature and they are meant to embarrass and humiliate this court under the law. It is contempt espacal which attract punitive action and this court has a duty to protect itself from assault and preserve the sanctity of judiciary and due process.

“Therefore the case which brought the parties before me is hereby step-down until this issue of contempt is cleared.”

“When the first defendant failed to appear in this court; the court in exercising his power as provided by law issues bench warrant to compel the first respondent Oba Abdulrasheed Adewale Akanbi to appear before this court”
“By implication he should be arrested and kept in prison till next adjourn date of sitting for his failure to appear as ordered by the court,” the Magistrate insists.

He thereafter, adjourned the case till Friday January 6, 2017 for mention.