Customer Support

ATAKE
V.
AG OF THE FEDERATION & ANOR.

(1982) JELR 46388 (SC)

Supreme Court 26 Nov 1982 Nigeria
BriefBot icon

BriefBot Summary

Free

- The case involves an appeal by Senator Franklin Oritsemueyiwa Atake regarding his alleged contempt of court and the legality of the procedure used to commit him to prison. - Previous cases related to contempt of court are discussed, inclu

Case Details

Suit Number:SC.5/1982
Judges:GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Counsel:Appellant in person. For Appellant B. A Shitta-Bey, Legal Adviser, Federal Ministry of Justice For Respondent
Other Citations:ATAKE v. PRESIDENT OF THE FEDERATION & ANOR. (1982) 11 S.C. (REPRINT) 63

C. IDIGBE, JSC (Delivering the Leading Judgment): The threshold questions in this appeal are whether

(a) the appellant, Senator Franklin Oritsemueyiwa Atake, was on the 2nd day of April, 1982, in contempt of the court presided over by Chief Judge of the Federal High Court (Anyaegbunam, C.J.)? and

(b) the procedure adopted by the learned Chief Judge in committing him to prison until he purged his contempt is erroneous in law?

In order to answer these questions, it is necessary to recount the facts which gave rise to what I shall refer to in this judgment simply as the "Atake contempt proceedings". On the 25th February, 1982, at the close of arguments of counsel in an application for interlocutory injunction arising in a suit filed - in the Federal High Court 4th February, 1981 - by Senator Atake against the President of the Federal Republic of Nigeria (hereinafter referred to simply as "the President") and the Attorney-General of the Federation of Nigeria, in which he sought, inter ali…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.