NWOKOLO OLIKO & ANOR V. OFILI OKONKWO & ORS
August 29, 2025CHIEF A. Y. OJIKUTU V. ALHAJI A. A. OJIKUTU
August 29, 2025Legalpedia Citation: (1970) Legalpedia (SC) 27212
In the Supreme Court of Nigeria
Fri Mar 13, 1970
Suit Number: SC 175/1969
CORAM
COKER, JUSTICE, SUPREME COURT
LEWIS, JUSTICE, SUPREME COURT
OBASEKE, JUSTICE, SUPREME COURT
PARTIES
ENE ENE OKU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
A warrant was issued for the arrest of the appellant for failing to appear in court to defend an accused person and he was subsequently convicted.
HELD
The court held that failure to appear in court by the appellant does not amount to contempt and set aside the conviction and sentence.
ISSUES
Whether the learned trial judge was right to have committed the appellant for contempt under Order XVI, rule 4 of the High Court Rules, 1955.
RATIONES DECIDENDI
EFFECT OF FINDING OF GUILT WHERE PROCEDURE PRESCRIBED BY LAW FOR INVESTIGATION IS NOT FOLLOWED
2. a finding of guilty of a criminal offence where the procedure prescribed by law has not been followed in the preceding investigation, whatever be the phraseology in which the finding is couched, cannot be allowed to stand. Per Coker J.S.C
ACTS THAT AMOUNT TO CONTEMPT OF COURT
1. It is not every act of discourtesy to the court by counsel that amounts to contempt nor is conduct which involves a breach by counsel of his duty to his client necessarily in this category. Per Coker J.S.C
CASES CITED
The Queen v. Lefroy[1873] L.R. 8. Q.B. 134 at p.137
Izuora v. Regina[1953] A.C. 327
The Queen v. Judge of the Brompton County Court and Vague [1893] 2 Q.B. 195;
Morris &Ors. v. Master of the Crown Office (Times, 11th February, 1970 (p.13)
STATUTES REFERRED TO
High Court Rules, 1955
Criminal Procedure Act
HighCourt Law, Cap. 61 Laws of Eastern Nigeria, 1963.
