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JOSEPH A. AGBACHOM v.THE STATE

(1970) JELR 33776 (SC)

Supreme Court  •  SC.304/1969  •  13 Mar 1970  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; IAN LEWIS JSC; ATANDA FATAYI-WILLIAMS JSC;

Judgement

LEWIS, J.S.C. (Delivering the Leading Judgment)-In suit C/16/1969 in the High Court Calabar the accused was charged with contempt of court in the following terms-

"In paragraph 5 of an affidavit in support of a motion filed by your solicitor on 9-6-69 in suit No. C/16/69 in which you are 2nd defendant you stated as follows:- .

' That the Oban (Nigeria) Rubber Estate Ltd. paid to his Lordship the sum of N488:15s being balance out of 700 guineas legal debt on the 10th day of April, 1969, out of the trust fund.

By that statement I understand you to mean that I clandestinely while a judge collected the said sum without your knowledge or authorisation and that what I call 'legal debt' is not in fact a debt owed to me. This false imputation of yours has lowered the dignity and authority that belongs to this court."

On the 24th of July, 1969 Bassey J., found that the accused guilty and sentenced him to a fine of N75 or to imprisonment for 3 months, and against that decision the accused has a…

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