NWAWKA
V.
OHAZURIKE

(2014) JELR 39840 (CA)

Court of Appeal · CA/K/154/2009 · 20 Feb 2014 · Nigeria

CORAM

DALHATU ADAMU JCA ITA GEORGE MBABA JCA HABEEB ADEWALE OLUMUYIWA ABIRU JCA

Ratio Decidendi

Core Terms ^Beta

court

order

counsel

section

lower court

civil process act

provisions of section

committal proceedings

issue

court bailiff

trial court

said bailiff

alleged acts of the respondent

case of the appellant

civil process act cap

competence of the honorable trial judge

laws of northern nigeria

learned trial judge

decision of the high court of kano state

execution of judgment

honorable justice abdullahi bayero

notice of appeal

order ix rule

police officers

provisions of order ix rule

suit no k

appellate court

basis of the complaint of contempt

benue state

court order

duty of judgment execution

entire deliberations of the lower court

general principle

grievous acts of contempt

inherent powers of this honorable court

kano state

leading judgment

northern nigeria

parts of the order

quasi-criminal proceeding

rules vol. v

such proceeding

such security

such time

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Kano State in Suit No K/M533/08 delivered by Honorable Justice Abdullahi Bayero on the 11th of May, 2009. The Appellant commenced the suit in the lower Court by a Summons on Notice dated the 21st of November, 2008 and he prayed for an Order committing the Respondent to prison for a maximum term of one year for brazen and grievous acts of contempt, namely:

i. Forcibly ejecting a Court Bailiff from his banking hall on the 7th of October, 2008.

ii. Forcibly preventing the said Bailiff and two Police Officers from re-entering the banking hall to carry out a court ordered execution of judgment on the said 7th of October, 2008.

iii. Manhandling the said Bailiff and Police Constables as they attempted to reenter the banking hall on the 7th of October, 2008.

iv. Utterance of obscene and insolent words aimed at impugning the dignity and competence of the Honorabl…

NWAWKA V. OHAZURIKE

NWAWKA
V.
OHAZURIKE