OKONOFUA VINCENT OMOIJAHE V. UWESU UMORU & ORS.

KATSINA-ALU, JSC (Delivering the Leading Judgment): The main issue arising in this appeal relates to the power of a court to punish for a criminal contempt committed ex facie curiae. The appellant herein, a legal practitioner, had sued Uwesu Umoru (1st respondent) claiming aggravated damages for assault. When the writ, taken out in November,1989 was to be served on the 1st respondent at his workshop on 14 December, 1989, it was alleged that he assaulted and beat up the bailiff and the appellant who accompanied the bailiff to act as a pointer. In consequence of the alleged incident, the appellant brought an application before the High Court, Benin to have the 1st respondent committed to prison for contempt of court. The application was still pending before the court when the appellant yet again made another allegation against the 1st respondent, D.E. Emujieze and G.E. Onohwakpor, Chief bailiff and Assistant Chief Registrar respectively. The appellant alleged that the respondents interf…