Mu’azu Nunku V. IGP (1955)

LawGlobal Hub Judgment Report – West African Court of Appeal

Magistrate’s Court—Court of Record—inherent jurisdiction to punish summarily contempt committed “sedente curia”—no right of appeal.

Facts

A Magistrate, Grade III, presiding at the trial of the appellant for a motor vehicle offence, committed the appellant for five days’ imprisonment for contempt of the Court committed in the face of the Court.

The appellant appealed to the Supreme Court on the ground that there was no trial and in particular that the appellant was not pleaded to the charge and that the Magistrate made no finding of guilty. Counsel submitted that the charge should have been brought under section 133 of the Criminal Code.

The Judge of the Supreme Court dismissed the appeal and held that the lower Court had power to punish summarily for contempt committed in the face of the court without any charge or trial, and further that no appeal lay against the conviction.

The Court upheld the decision of the Judge of the Supreme Court, and held that as the
Magistrate’s Court was a Court of Record, it had power to summarily punish for contempt committed in the face of the Court and pointed out that this was borne out by section 6 of the Criminal Code, which reads :

“6. Nothing in this Ordinance or in the code shall effect the authority of courts of record to punish a person summarily for the offence commonly known as contempt of court ”
and is different from an offence under section 133 of the Criminal Code which requires the normal procedure of a charge, plea, trial and verdict.

The Court also found that there was no appeal in this case, as a right of appeal w as statutory, and the Magistrates’ Courts (Appeals) Ordinance, which gives a convicted person the right to appeal, only does so when there is a conviction and the appellant pleaded to the charge.

Held

(1) A Magistrate’s Court is a Court of Record and as such has the power to punish summarily for contempt committed in the face of the Court.

(2) No appeal lies from such punishment.

Appeal struck out.