REX
V.
KALU TTKOHA AND BRAIMOB

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…