(1970) JELR 45914 (SC)    

Supreme Court  ·  SC.175/1969 ·  13 Mar 1970 ·  Nigeria
Other Citations
(1970) All N.L.R 62
IAN LEWIS Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
5th june
high court
high court rules
provisions of order xvi
accused person
charge no. c
learned judge
12th june
bench warrant
criminal proceeding
e. e. oku
first offence
present case
privy council
sentence of the appellant
south eastern state
affidavit of the appellant
approach of the learned trial judge
arrest of the appellant
case of izuora v
civil case
contempt of this court
criminal charge
eastern nigeria high court rules
ene ene oku
entire proceedings
final judgement
following terms
form of contempt of court
great deal
hearing of his case
introductory part
leading judgment
master of the crown office
number of grounds of appeal
order xvi of the supreme court rules
section of the high court law
services of the appellant
services of the present appellant
solicitor of the supreme court of nigeria
view of the approach of the learned trial judge
virtue of a warrant

COKER, J.S.C. (Delivering the Leading Judgment) Ene Ene Oku, a legal practitioner, has appealed to this court against his conviction by Bassey, J. (High Court, Calabar). The appellant was on the 12th June, 1969, so found guilty of contravening the provisions of Order XVI, rule 4 of the Eastern Nigeria High Court Rules, 1955 (operative in the South Eastern State), which the learned judge seems to have treated as a form of contempt of court, and sentenced to a fine of N11. The circumstances leading to the conviction and sentence of the appellant are not unusual but the complaint before us turned on the approach of the learned trial judge to the whole matter. An accused person in a criminal proceeding (Charge No. C/2C/69) pending before the court, Jerome Agabi, had apparently retained the services of the present appellant. Pursuant to this the appellant had filed in court and before the learned trial judge a motion dated the 21st April, 1969, asking the court to grant bail to Jerome Agab…

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