T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): In Charge No. FRC/L/20/74, Belgore J., found Mr T.A.A. Awosanya, Senior Magistrate, Lagos State, guilty of criminal contempt of his court in that the accused person had disobeyed his order to stay further proceedings in a case before the accused's court in which two persons were charged with offences of evading payment of customs duties on certain imported goods. .
The material facts may be stated briefly as follows. A criminal charge B/161/73, Board of Customs and Excise v. Alhaji Wasiu Dosunmu and anor. was filed at the Magistrate's 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 …