The Lagos High Court on Thursday addressed the case of Oba Shakirudeen Kuti & others v. Dada Aigbe, with both parties represented in court. The applicant, Dada Aigbe, was represented by K. Okoro, E. Ize-Iyamu, and Ayodele, while L. A. Yusuf represented the claimant. The court ruled on a preliminary objection to set aside the entire committal proceedings, including the committal order dated March 11, 2024, based on the improper service of Form 49.

According to the objection, this form was filed by an unidentified court bailiff, which deprived the court of jurisdiction to entertain the proceedings from the beginning. Justice Savage thoroughly analyzed the application and the counterarguments before concluding. The court highlighted the importance of judges protecting their judgments, citing Supreme Court authorities while acknowledging the unique and strict rules governing contempt proceedings.

Upon examining the service of Form 49, the court concluded that it did not comply with the law and court rules. Justice Savage expressed doubts about the proper service of Form 49 on the applicant, noting that service outside the court’s jurisdiction without proper endorsement violated court rules. As a result, the court set aside the order for the conviction of Dada Aigbe.