Joseph A. Agbachom v. The State (1970) SC.304/1969

Supreme Court of Nigeria – Before

GEORGE BAPTIST AYODOLA COKER – JSC
IAN LEWIS – JSC
ATANDA FATAYI-WILLIAMS – JSC

Between

JOSEPH A. AGBACHOM – Appellants
AND
THE STATE – Respondents

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Reported:

– (1970) All N.L.R 71

– (1970) LPELR-SC.304/1969

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IAN LEWIS – JSC [Lead Judgment]

In suit C/16/1969 in the High Court Calabar the accused was charged with contempt of court in the following terms-

“In paragraph 5 of an affidavit in support of a motion filed by your solicitor on 9-6-69 in suit No. C/16/69 in which you are 2nd defendant you stated as follows:- .
That the Oban (Nigeria) Rubber Estate Ltd. paid to his Lordship the sum of N488:15s being balance out of 700 guineas legal debt on the 10th day of April, 1969, out of the trust fund.

By that statement I understand you to mean that I clandestinely while a judge collected the said sum without your knowledge or authorisation and that what I call ‘legal debt’ is not in fact a debt owed to me. This false imputation of yours has lowered the dignity and authority that belongs to this court.”

On the 24th of July, 1969 Bassey J., found that the accused guilty and sentenced him to a fine of N75 or to imprisonment for 3 months, and against that decision the accused has appealed to this court.
The charge arose because the accused was a defendant in a civil action and through his counsel he applied by motion to Bassey J. for an order to transfer the case to another judge and for the purposes of that application the accused swore an affidavit which inter alia stated:-

“3. That on the instructions we have given to our solicitor, including documents submitted he has advised us and we verily believe that he would serve a witness summons on his Lordship the judge to give evidence in this suit.

4. That in particular in letter dated 20th March 1968 addressed to the Oban people by Mr. P.O.E. Bassey (as he then was) parts of which read as follows:-
 ‘….In the 1950’s I spent all I had on a bogus lorry which Edet Asuquo went and bought for Oban. And although I have appealed to the town several times in the past to refund my expenditure, nobody paid any heed. As I have become convinced that some Oban people are always interested in my downfall, I have decided to take steps to protect myself. These people, will however, by the help of God never see my downfall… The town has behaved to me as if I was her slave. Even those trained in other places out of the funds of the people have not been treated with the spite, malice, ill-will and ingratitude that Oban people have shown to me. I am now determined that this will not happen again. I tendered professional advice for the town to take legal steps to set aside the decision of the arbitrator yet my advice was turned down for reasons best known to you. I have kept quiet all this time because I felt you had no money. But now I am determined to recover all my expenses, minus the lorry, from you people before you squander the next rent. . . ‘
and in view of this my solicitor informs me and I verily believe that it would not be proper for his Lordship to take this case.

5. That the Oban (Nigeria) Rubber Estate Ltd. paid directly to his Lordship the sum of #488’15s being balance out of 700 guineas legal debt on the 10th day of April 1969 out of the trust fund.”
When the application came before Bassey J. there was argument on whether the affidavit contained sufficient material to warrant the application being granted and after hearing counsel on both sides Bassey J. according to the record apparently said –
“For 1st defendant to say he is Oban and Oban is himself is a fact which should have been alleged in the affidavit. The court has been put into a position it has to defend itself. I shall put the deponent into the witness box”
and then the learned trial judge put the accused in the box and it would seem himself examined him as the record reads –

“I live at Oban, farmer. I see this letter. It is the letter quoted in my affidavit. Mr. Oku has not objection. Mr. Okon has no objection. Letter admitted exhibit 1.