Christopher Alechenu V. Attorney General Of Benue State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment)

This is on appeal against the decision of Onum, J. sitting of the Gboko Division of the High Court of Benue State. The decision that gave rise to this appeal was made on 22/7/94 in the course of the proceedings in suit no. GHC/2/93. The appellant was counsel to the defendants in Suit No GHC/2/93. In the course of one of the proceedings, the learned trial Judge believed and saw the conduct of the appellant as being contemptuous of the court.

Upon this, the learned Judge took serious exceptions to the attitude of Counsel and he took steps to punish same. This led to a summary trial after which the Appellant was found guilty. He was convicted for contempt in the face of the Court and was sentenced to 15 days imprisonment. Upon the order of the learned Judge the Appellant was sent to prison. However, some days into the sentence and upon an application made on his behalf to that effect, the Appellant was released on bail pending appeal.

The Appellant was dissatisfied with the conviction and sentence imposed on him by the learned Judge of the High Court. So while on bail he appealed to this Court in a notice of appeal containing 9 grounds of appeal. These grounds of appeal and their particulars are hereby reproduced as follows:-

1. The decision of the lower court cannot be supported having regard to the evidence.
2. The learned Trial Judge erred in law in holding the Appellant to be in contempt of his Court and sentencing Appellant to 15 days imprisonment when:-

a. The conduct held to be contemptuous did not obstruct or interfere with due administration of justice and was not capable of constituting such obstruction or interference with due administration of justice.

b. The conduct held to be contemptuous did not impugn the integrity of the Court and was incapable of impugning or detracting from the integrity of this Court.

3. The learned Trial Judge erred in Law in rejecting the defence or explanation of the Appellant when same was never challenged or contradicted and this occasioned a gave miscarriage of justice to the Appellant.

PARTICULARS

a. The Appellant had stated in explanation that he did not walk out of the Court deliberately but had only gone out to ease himself and this explanation was never challenged or refuted;

b. The conclusion reached by the learned Trial Judge that “while PW2 entered the witness box to testify, the learned Counsel, Mr. Alechenu packed his books and walked out on the Court” cannot be supported by any evidence on record.

4. The conviction and sentence of the Appellant for contempt by the lower Court violate Appellant’s fundamental rights to fair hearing safeguarded by S. 33(6) (b) & (d) and (11) of the 1979 Constitution (as amended and modified) in that Appellant:-

a. Was never given adequate time and facilities for the preparation of his defence:

b. Was never afforded on opportunity to examine any witness or challenge any evidence adverse to him and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before his conviction and sentence by the lower Court; and

c. Was compelled by the learned Trial Judge to give evidence of his trial.

5. The sentence of 15 days’ imprisonment imposed on the Appellant by the learned Trial Judge was unduly harsh and excessive having regard to all the circumstances of the case.

PARTICULARS

a. The Appellant was not given any chance by the learned Trial Judge to enter a plea in mitigation of sentence.