KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST AND WEBB, C.J., SIERRA LEONE.
The appellants in this case have been committed to prison as for Contempt of Court under section 41 of the Criminal Procedure Ordinance-the first for three months I.H.L., the second for one month I.H.L.-by Graham Paul, J., sitting as a Judge of the High Court in the Ibadan Judicial Division.
Before so committing the appellants the learned trial Judge placed upon record that it appeared to him that the respective appellants had been guilty of perjury in proceedings before him and he duly complied with the provisions of section 42 of the Ordinance. Upon the appeal being called the learned Crown Counsel has taken the objection that no appeal lies to this Court against a committal as for contempt by a High Court Judge under section 41 of the Ordinance.
He admits that the committal follows upon what is technically a summary conviction, but points out that it is well established law that in England no appeal lies…