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IN THE MATTER OF THE CONSTITUTION OF THE FEDERATION V. RE G.M BOYO

(1970) JELR 33690 (SC)

Supreme Court  •  SC.53/70  •  23 Mar 1970  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; CHARLES OLUSOJI MADARIKAN JSC; UDO UDOMA JSC;

Judgement

COKER, J.S.C. (Delivering the Leading Judgment):- The applicant in this matter has lodged an appeal in this Court against, inter alia, the decision of Atake, J. (High Court, Warri) given in the course of his trial for contempt of court. He has now applied for orders that, pending the hearing and determination of his appeal, the proceedings before the High Court, Warri, should be stayed and also that notwithstanding the rules of this Court his appeal be heard and determined on the papers exhibited in his present application.

We were not told whether or not the primary circumstances leading to this case are in dispute and indeed it is not necessary to consider these circumstances for the purpose of this ruling. It is sufficient to point out that the substance of the charge against the applicant is that he tried by writing a letter to the Accountant-General of the Mid-West State to obstruct the payment out of money which the same judge had ordered to be so paid out. The case itself conceā€¦

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