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(1956) JELR 58608 (SC)

Supreme Court  •  W.A.C.A.261/1955  •  29 May 1956  •  Nigeria

SIR STAFFORD FOSTER-SUTTON, F.C.J. (Presided and Read the Judgment of the Court) SIR JOHN VERITY, Ag., F.J. WILLIAM HENRY IRWIN, Ag., F.J


FOSTER-SUTTON, F.C.J. (Delivering the Judgment of the Court):

In this case one Adegoke Adelabu was prosecuted by the Inspector-Gen­eral of Police under paragraph (1) of section 133 of the Criminal Code, Cap. 42, for having shown “disrespect in speech” to Chief D.T. Akinbiyi, a member of the Ojaba II Native Court, “to wit by referring to him as a fool and as mad.”

The case came for trial before the Magistrate’s Court, Ibadan and the accused was convicted and sentenced to two months’ imprisonment with hard labour. He then appealed to the High Court, Western Region which al­lowed the appeal on the ground only that “judicial proceedings were not being had or taken” at the time the offensive remarks were made, a condition precedent in a case of contempt of Court, which this was.

The Native Court Judge, Chief Akinbiyi, then lodged an appeal to this Court against the decision of the High Court.

At the hearing, Mr Dingle Foot for the respondent, submitted, as a pre­liminary objection that Chief …

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