Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ATAKE
V.
AG OF THE FEDERATION & ANOR.

(1982) JELR 46388 (SC)    

Supreme Court  ·  SC.5/1982 ·  26 Nov 1982 ·  Nigeria
 · 
Other Citations
ATAKE v. PRESIDENT OF THE FEDERATION & ANOR. (1982) 11 S.C. (REPRINT) 63
CORAM
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

Ratio Decidendi

Core Terms Beta
contempt
contempt of court
learned chief judge
appeal
grounds of appeal
chief judge
ground
senator atake
curiae faciae
learned trial judge
contempt of his court
preliminary point
square brackets
interlocutory injunction
chief judge of the federal high court
contempt of the court
open court
committal of the appellant
ex parte pater
high court
proposed ground
threshold questions
13th day of march
appropriate time
atake contempt proceedings
close of arguments of counsel
consideration of the court
contempt of court cases
entire decision
entire proceedings
face of this court
federal high court 4th february
following statement
judges of this court
leading judgment
leave of the court
misconception of the principle of natural justice
national council of state
nature of his offence
observations of lord esher
oral application
order of the federal republic
please mr. atake
president of the federal republic of nigeria
provisions of the said act
said section
senator franklin oritsemueyiwa atake
support of the motion
xx xx xx xx

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…

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