A Chinese national, Cheng Zheng, has prayed an Ogun State High Court sitting in Ota, to commit to prison, the Assistant Inspector General of Police, Zone 2 Headquarters, Onikan, Lagos and on Superintendent of Police, Tijani Taofiq, over alleged contempt of court.
It was gathered that the police officers had in June 2019 arrested and detained the applicant for alleged criminal offence.
Zheng, who is said to be the Interpreter and Sales Manager of Hand in Hand Industry Nigeria Limited, Agbara area of Ogun State, was arraigned in 2019.
In suit no: HCT/872/19, Justice O. Ogunfowora of the Ota High Court, declared that the accusation leveled against the Chinese national lacked evidence.
In his judgement on June, 2020, Justice Ogunfowora ordered the release of the applicant’s international passport with the number, EB4555829.
The court had also ordered the defendants to pay the sum of N500,000 as damages; and N50,000 in favour of the applicant.
However, Zheng alleged that despite the court order, the defendants had failed to comply with the judgement, necessitating him to file a case of contempt of court against the defendants before Justice O. J Bamgbose of Igbesa High Court, Ota judicial division, Ogun State.
According to the document sighted by our correspondent, it was said that the “application is premised on the Contemnors/Respondents willful and persistent disobedience on the Courts judgment made on 9 day of June, 2020 to wit:
“Committing an act of refusal or failure to release the applicant’s lnternational Passport with No. EB4555829 to the Applicant and also refusal to pay the N500, 000 (five hundred thousand Naira) damages awarded in favour of the applicant as per the judgment of this court aforesaid.
“lnfringing on the fundamental rights and personal liberty of the applicant.
“Refusal to pay the assessed cost of N50, 000 in favour of the Applicant as per the judgment of this Court as aforesaid.
“The conduct of the Contemnors/Respondents in the circumstances amount to contempt of Court which is punishable by committal to prison.
“Form 48 has been served respectively on the Contemnors/Respondents respectively.
Therefore, the applicant is seeking: “An Order of this Honourable Court committing the contemnors to prison for willful and persistent disobedience to the judgment of this honourable Court delivered on the 9th day of June, 2020 to wit:
“Refusal to release the Applicant’s International Passport with No. EB4555829 to the applicant contrary to the order of this honourable court made on 9th day of June, 2020.
“Refusal to pay the N500,000 (five hundred thousand naira) damages awarded in favour of the Applicant as per the judgment of this honourable court given on 9th day of June, 2020.
“Refusal or failure or omission to pay the cost of N50,000 (fifty thousand naira) in favour of the applicant as per judgment of this honourable court made on 9th day of June, 2020 in spite of the service of FORM 48.”
When the case was called on Tuesday, the defendants were absent without legal representation.
Counsel to the applicant, Chief O. T Akinbiyi, argued that the refusal of the police officers to abide by the rules of the court was an infringement of fundamental rights and Liberty of the applicant.
Akinbiyi prayed the court to compel the defendants to comply with the previous judgement of the court.
He also pleaded with the court to sentence the police officers over their refusal to obey the orders of the court.
“Refusal of the court order is an infringement of the fundamental rights and Liberty of the applicant.
“The respondents were duly notified of the court order and they were warned that the next is punishment if they failed to abide by the rules.
“They did not give any reason for their refusal to comply with the court judgment and why they didn’t appear before the court,” Akinbiyi argued.
Meanwhile, Justice Bamgbose adjourned the case till April 6, 2022.
