Godwin Mogbeyi Boyo v. The Attorney General of Mid-West State (1971) SC.53/1970

Supreme Court of Nigeria – Before

ADEMOLA ADETOKUNBO – JSC
GEORGE BAPTIST AYODOLA COKER – JSC
CHARLES OLUSOJI MADARIKAN – JSC
UDO UDOMA – JSC
GEORGE SODEINDE SOWEMIMO – JSC

Parties

Godwin Mogbeyi Boyo – Appellants
AND
The Attorney General of Mid-West State – Respondents

Reported

– (1971) All N.L.R 343

– (1971) LPELR-SC.53/1970

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ADEMOLA ADETOKUNBO – JSC [Lead Judgment]

This appeal arose out of a case of contempt of court taken summarily suo moto by Atake J. of the High Court of the mid-western state. The contemptor Mr. Boyo is a legal practitioner residing in Benin city was concerned in a case before the learned judge. It would appear that a considerable amount of money was involved in the case and on the 17th March, 1969 in appeal no. S.C. 21/69 the Supreme Court directed that a sum of 27,416Pounds.13s be paid out to Mr. Boyo’s clients (the Ugborodo people) and that the balance of 13,708Pounds.6s do remain in the High Court, Warri pending the determination of another appeal in the Supreme Court.

This order of the Supreme Court was served on the High Court Registrar Warri, who paid out the sum of 27, 416Pounds.13s as directed. On 22nd October, 1969, in another suit pending before Atake J. he ordered that the sum of 13,708Pounds.6s is paid out to the adversary of Ugborodo people, Mr. Boyo’s clients. According to Mr. Boyo, he sought an interview with Atake J. and pointed out to him that his order would appear to be in breach of the Supreme Court order; he stated that nevertheless Atake J. said that his order must be carried out despite the order made by the Supreme Court. Whereupon Mr. Boyo on 3rd January, 1970 wrote a letter to the learned judge, a copy of which was sent to the Accountant General (who in the last resort would pay out the money); he also sent copies to the following:

The Chief Justice, Mid-Western State, the Attorney-General of the State, and the Chief Registrar, High Court. The letter reads:

11, Sapele Road, P.O. Box 277, Benin City,
Nigeria,
3rd January, 1970

“BOYO & BOYO
BARRISTERS & SOLICITORS
NOTARY PUBLIC
G. M. BOYO, LL.B. (Lond.) Barrister of the Middle Temple
C. A. BOYO
Barrister of the Inner Temple
Telephone: 193
Our Ref: CV. 135
The Hon. the Judge, High Court III.
Thro The Registrar, High Court of Justice, Warri.
Your Lordship,
SUIT NO. W/46/69
ITSEKIRI COMMUNAL LAND TRUSTEES
versus
DICK OLUER & ORS.

I recall my interview with Your Lordship in respect of the above suit in Your Lordship’s Chambers on 30th December, 1969.

Your Lordship will recall that I met Your Lordship in the High Court Registry that morning querying Your Lordship’s Registrar as to why he had not sent out a payment voucher for the withdrawal of a sum of 13, 708Pounds.6s which Your Lordship had ordered to be paid out to the Itsekiri Communal Land Trustees as per Your Lordship’s judgment and order dated 22nd December, 1969. It was at that stage that I intervened in the matter and informed Your Lordship that I had in fact come to see Your Lordship about certain aspects of the said suit and judgment/order.

Your Lordship however persisted upon instructing the Registrar Mr. T. K. N. Peregba to proceed without delay to ensure that the voucher left for the Government Treasury and that the Itsekiri Communal Land Trustees were paid; after which Your Lordship invited me to Your Lordship’s Chambers on my application to see Your Lordship in connection with the said suit authorising 13, 708Pounds.6s to be paid out to the Itsekiri Communal Lands Trustees.