Joseph Orakwue Izuora V. The Queen (1953)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal contempt of Court—What amounts tip contempt—Act is discourtesy by counsel or conduct involving breach of duty by counsel to his client not necessarily contempt—Right of appeal to West African Court of Appeal.

Facts

The appellant, counsel for the respondent in a divorce case, applied to the trial Judge to be excused attendance at a reserved judgment. His application was granted, but rescinded on petitioner’s counsel also asking to be excused attendance. The appellant, without tendering any explanation, failed to attend on the delivery of the reserved judgment. He was summoned to attend the Court to show cause why he should not be committed for contempt of Court and fined £10 or in default two months’ imprisonment.

Upon appeal to the West African Court of Appeal that Court held following the case of Poku & Jantuah (1) that the Court had no jurisdiction to entertain the appeal which was struck out.

Held

It is not every act of discourtesy to the Court by counsel that amounts to contempt, nor is conduct which involves a breach by counsel of his duty to his client necessarily in this category. The appellant’s conduct was clearly discourteous but did not amount to a contempt.

Held further, that the case of Poku 6′ Jantuah was wrongly decided, that the trial Judge’s order amounted to a conviction from which an appeal lies to the West African Court of Appeal.

Appeal allowed.