KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): The Plaintiff who is the Respondent to this appeal first instituted an action against the Defendant/Appellant in the Okobo District Court, Okopedi of Akwa Ibom State in Suit No.64/2004 CJB 1/20 and got judgment for an unspecified amount of money. That court made the following order-
"Henceforth the defendant is hereby ordered to do assessment with the plaintiff and pay the plaintiff his money as well as directed by the Chairman Traditional Rulers Council, Okobo. Awarded cost of N500.00 and cost of Writ of N34.00 in favour of the plaintiff..." (See page 4 of Exh. "C" attached to the Motion Ex-parte).
The defendant was later charged before the same District court in Charge JS. No. 6/2004 on 25th August, 2004 for his failure to "carry out the court order of 24/6/2004 that you were ordered to do assessment with the complainant and pay him his money thereby committed an offence under section 203 of the Criminal Code of Nigeria…