ETIM EKPENYONG & ORS VS INYANG EFIONG NYONG & ORS
August 9, 2025TAIWO & ORS V. LAWANI & ORS
August 9, 2025Legalpedia Citation: (1975) Legalpedia (SC) 11111
In the Supreme Court of Nigeria
Thu Feb 27, 1975
Suit Number: SC. 424/1974
CORAM
YEKINI OLAYIWOLA ADIO (Read the Leading Judgment), JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
PARTIES
A.U. DEDUWA & 3 ORSANDEMMANUEL A. OKORODUDU & 13 ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants were cited by the learned trial court for contempt in the face of the court in respect of a letter they wrote requesting for a transfer of their pending suit before the said court.
HELD
It was held inter alia that the procedure adopted by the learned trial court for citing the appellants for contempt was wrong in law by subjecting the appellants to either enter the witness box or the dock.
ISSUES
RATIONES DECIDENDI
EVIDENCE OF AN ACCUSED
No person who is tried for a criminal offence shall be compelled to give evidence at the trial. COKER, JSC.
ABSENCE OF A CHARGE
The absence of a charge in a trial for contempt runs foul to section 22 (5) of the constitution. COKER, JSC.
CASES CITED
Abachom v. The State (1970) 1 All NLR. 69 at page 78,
Boyo v. Attorney-General of Mid-West State (1971) 1 All NLR 342
STATUTES REFERRED TO
