REX
V.
KALU TTKOHA AND BRAIMOB

JELR 81049 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1941 7 WACA 33-34
CORAM
COR. KINGDON, PETRIDES AND GRAHAM PAUL, C.JJ.
Core Terms Beta
appellants
perjury
contempt of court
person
court
opportunity
section
sentence
case
charge
charge of perjury
convictions
learned trial judge
sentences
suggestion
appeal
appeals of both appellants
assignment
close of a criminal prosecution
conviction
criminal procedure ordinance
essential condition precedent
evidence of other witnesses
gold coast
high court of the warri judicial division
jackson j.
jimoh amodu
judgment
kalu ukoha
last preceding section
moment
months i.h.l.
nigeria
ordinance
present proceedings
provision of section
provisions of this section
reason
said section
sierra leone
such orders of committal
such person
trial judge
words

KINGDON, C.J., NIGERIA, PETRIDES, C.J.,GOLD COAST, GRAHAM PAUL, C.J., SIERRA LEONE. In this case, at the close of a Criminal Prosecution against one Jimoh Amodu before Jackson J. in the High Court of the Warri Judicial Division, the two appellants were called upon by the trial Judge to show cause why they should not be committed to prison as for a contempt of court for lying and prevaricating. There was no suggestion at that time that either of the appellants had committed perjury.

The learned trial Judge heard what each appellant had to say and heard the evidence of other witnesses; if, after doing so, he had then committed the appellants to prison for contempt of court by lying and prevaricating, it is difficult to flee how such orders of committal could be successfully questioned in this Court. But the learned trial Judge did not do this. Instead he recorded the following:-

“I sentence Kalu Ukoha and Braimoh each to four “months I.H.L. under the provision of section 41 (b) of the “C…

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