A.U. Deduwa & Ors. v. The State (1975)

LawGlobal-Hub Lead Judgment Report

A. B. A. COKER, J.S.C. 

In the High Court, Warri, presided over by Atake, J., the three appellants were cited for contempt of court and were sentenced each to a fine or six months imprisonment I.H.L. The gravamen of the offence was that during the pendency of proceedings in which they were parties, they caused a letter (admitted in evidence in the contempt proceedings as Exhibit “A” to be written and handed to the Registrar of the Court of the attention of the learned trial judge. The letter Exhibit “A” reads in full as follows:

“The Registrar,

High Court of Justice, Warri.

Dear Sir,

Suit No. W/22/68 and W/28/69 (CONSOLIDATED) A.U. DEDUWA & ORS. E. A. OKORODUDU & ORS.

With every respect and humility we above-mentioned, for ourselves and on behalf of the Eribregbe family of Ogunu, near Warri, like to bring through you to the attention of the Honourable Mr Justice Franklin Atake our serious apprehensions and fears over his trying the above civil case.

(1) The Itsekiri Communal Land Trustees are a party to this case.

(2) All the other 13 defendants are Itsekiris.

(3) We as plaintiffs in W/22/68 and as defendants in W/28/69 are Urhobos. We are not Itsekiris.

(4) The Honourable Justice Atake is an Itsekiri and one of the beneficiaries of the Trust.

(5) We honestly believe that there is a likelihood of bias on the part of the judge if he tries the case.

(6) We honestly believe that the Honourable Judge will be a judge over a matter in which he has vested interest.

(7) We were in court on 5.11.73 when the Honourable Judge sent Mr Erastus Okoromadu and Mr London Opi Okotete to prison for six months each for telling the judge in open court that he should not hear their case in W/115/69 because he is an interested party. We are very afraid that we may suffer the same fate of imprisonment if we tell the judge in open court.