INSPECTOR-GENERAL OF POLICE
V.
ADEGOKE ADELABU IN RE: AKINBIYI

(1956) JELR 58608 (SC)    
Supreme Court  ·  W.A.C.A.261/1955 ·  29 May 1956 ·  Nigeria
CORAM
SIR STAFFORD FOSTER-SUTTON, F.C.J. (Presided and Read the Judgment of the Court) SIR JOHN VERITY, Ag., F.J. WILLIAM HENRY IRWIN, Ag., F.J
Core Terms Beta
appeal
person
case
chief akinbiyi
high court
section
law
right of appeal
counsel
decision of the high court
ex parte sidebotham
jurisdiction
native court judge
only person
prosecutor
western region
absolute right of appeal
case of contempt of court
chief d.t. akinbiyi
correct rule
course
criminal code
duty
effect of the high court
ex parte official receiver
further right of appeal
general rule
hard labour
judgment of the court
judicial proceedings
legal sense
lord esher
magistrate’s court
magistrate’s courts
main burden of mr mcintyre
matter
meaning of section
member of the ojaba ii native court
mr dingle foot
mr dingle foot’s contention
mr mcintyre
ordinary dictionary meaning
preliminary point
q.b.d
reasons
verdict of acquittal
view vaughan williams
wording of the law

FOSTER-SUTTON, F.C.J. (Delivering the Judgment of the Court):

In this case one Adegoke Adelabu was prosecuted by the Inspector-Gen­eral of Police under paragraph (1) of section 133 of the Criminal Code, Cap. 42, for having shown “disrespect in speech” to Chief D.T. Akinbiyi, a member of the Ojaba II Native Court, “to wit by referring to him as a fool and as mad.”

The case came for trial before the Magistrate’s Court, Ibadan and the accused was convicted and sentenced to two months’ imprisonment with hard labour. He then appealed to the High Court, Western Region which al­lowed the appeal on the ground only that “judicial proceedings were not being had or taken” at the time the offensive remarks were made, a condition precedent in a case of contempt of Court, which this was.

The Native Court Judge, Chief Akinbiyi, then lodged an appeal to this Court against the decision of the High Court.

At the hearing, Mr Dingle Foot for the respondent, submitted, as a pre­liminary objection that Chief …

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