Former Police Legal Director and 28 Others to Face Contempt Proceedings in Lagos Court
A Federal High Court sitting in Lagos has officially set dates for committal proceedings against the immediate past Director of Legal Services at the Nigeria Police Force Headquarters, Assistant Inspector General of Police (AIG) Emmanuel Ade Aina, along with 28 other individuals. The proceedings are scheduled to commence on May 11 and 12, 2026, following allegations of flagrant disobedience to court orders issued by Justice Ambrose Lewis-Alagua.
Allegations of Meddling in Residents Association Affairs
The case centers on accusations that the 29 contemnors interfered with the operations of the Incorporated Trustees of Devine Homes Residents Association (ITDHRA). This alleged meddling reportedly led to the arrest, detention, and subsequent prosecution of the association's former Chairman, Uche Nwabueze. The court has already issued an order for contempt proceedings, which is to be posted around the Federal High Court premises in Ikoyi and at the known addresses of the accused to notify them of the need to show cause why they should not be imprisoned for non-compliance.
The orders specifically prohibited the contemnors from involving themselves in ITDHRA's affairs, yet they are accused of resisting the execution of a judgment, conducting elections using a constitution that had been nullified by the court, and operating a parallel executive committee (EXCO) based on that invalidated constitution.
Legal Arguments and Supreme Court Precedent
In a motion on notice filed by counsel Pius Segun Abioro, the applicant seeks a determination from the court on whether the contemnors are in contempt due to their deliberate disobedience. Abioro emphasized established legal principles, stating that any party who disobeys a valid and subsisting court order is liable for committal to prison. He referenced the Supreme Court case of Ojukwu v. Military Governor of Lagos State (1986), which underscores the necessity of obeying court orders before challenging them, regardless of perceived correctness.
Abioro further cited Section 72 of the Sheriffs and Civil Process Act, Cap. S6 Laws of the Federation of Nigeria, 2004, which mandates imprisonment for those who refuse or neglect to comply with court orders. He argued that the contemnors' actions, including the arrest and detention of the applicant despite an interim order preventing such measures, warrant the court's use of coercive powers to uphold judicial integrity.
Affidavit Support from Association Chairman
To bolster the application, a 35-paragraph affidavit sworn by Uche Nwabueze was filed. Nwabueze, who claims to be the current Chairman of the Divine Homes Residents Association by virtue of the court's judgment delivered on January 5, 2024, and reaffirmed on November 21, 2024, detailed how the contemnors prevented him from assuming control of the estate's affairs. He alleged that they continued to use the nullified constitution to operate a parallel administration, which has been managing security and other services at the estate's entrance gate, thereby undermining the legitimate EXCO he leads.
In conclusion, Abioro urged the court to grant all prayers contained in the motion, emphasizing the need for accountability and respect for judicial authority in this high-profile case involving law enforcement and legal professionals.
