CORAM

---

TASLIM O. ELIAS, JUSTICE, SUPREME COURT

ATANDA FATAI-WILLIAMS , JUSTICE, SUPREME COURT

SIR UDO UDOMA, JUSTICE, SUPREME COURT

---

PARTIES

---

T.A.A. AWOSANYA, SENIOR MAGISTRATE, ALGOS STATE APPELLANTS

---

RESPONDENTS

---

AREA(S) OF LAW

---

---

SUMMARY OF FACTS

A criminal charge B/161/73, Board of Customs & Excise v. Alhaji Wasiu Dosunmu & Anor. was filed at the Magistrates Court, Igbosere, Lagos before Senior Magistrate Awosanya on July 3, 1973 while the defendants were remanded in custody and the matter was adjourned to July 26, 1973. The case later came up again on July 19, 1973 when it was adjourned first to September 12, 1973 and later to October 23, 1973. On the latter date, a Senior State Counsel applied for the case to be transferred to the Federal Revenue Court on the ground that the Magistrates Court no longer had jurisdiction in view of the Federal Revenue Court (Amendment) Decree 19730 or, alternatively, to withdraw the charge.

---

HELD

---

The appeal was allowed and the judgment of the lower court was set aside.

---

ISSUES

---

Whether the act of the magistrate amounted to contempt of court in criminal or Civil

---

RATIONES DECIDENDI

---

PROCEDURE FOR CONTEMPT OF COURT

---

A procedure may be summary, but must not be unfair by omitting to observe all the necessary procedural requirement of a fair hearing.- Per Taslim O. Elias, JSC

---

TYPE CONTEMPT OF COURT

---

There are two types of contempt – that committed ex facie curiae and that not so committed. In the case of the first type of contempt, the trial is summary and no plea need be taken; in the case of the second type, like the present one, a charge and a plea are necessary and the contemptnor is entitled to a fair hearing of the case against him. – Per Taslim O. Elias, JSC

---

CASES CITED

---

Boyo v. Attorney-General of Mid-West (1971) 1 All NLR 342, at p.352

Sirros v. Moore (1974) 3 WLR 459

---

STATUTES REFERRED TO

---

---

CLICK HERE TO READ FULL JUDGMENT