Judicial Committee of the Privy Council
| DOI | 10.1177/002201835301700304 |
| Date | 01 July 1953 |
| Published date | 01 July 1953 |
| Subject Matter | Article |
Judicial Committee of the
Privy
Council
'THE
SCOPE
OF
CONTEMPT
OF
COURT:
DISCOURTESY
NOT
CONTEMPT
Joseph Orakwue Izura v. The Queen
IT is
not
possible to particularize
the
acts which can or
cannot constitute contempt in
the
face of
the
court
but
in this recent case (1953, 2
W.L.R.
700)
the
Judicial
Committee said
that
it
was desirable
to
bear
in mind
what
was said in
the
judgment of
the
Board delivered by
Lord
Goddard in Parashuram Detaram Shamdasani v. King-
Emperor (1945
A.C.
264, 270), where
the
following words
are to be
found:
"Their
Lordships would once again
emphasize
what
has often been said before,
that
this
summary power of punishing for contempt should be used
sparingly
and
only in serious cases.
It
is a power which
acourt
must
of necessity possess; its usefulness depends
on
the
wisdom
and
restraint with which
it
is exercised,
and
to use
it
to suppress methods of advocacy which
are
merely
offensive is to use it for a purpose for which
it
was never
intended".
In
the
recent appeal from
the
West African Court of
Appeal
the
Board held
that
there was no contempt of court
on
the
following facts.
The
appellant, abarristerpractising
in Nigeria,
at
the
conclusion of
the
hearing of a divorce
case in which he
had
represented
the
respondent,
and
in
which judgment was reserved
until
the
following day,
applied
that
he might be excused from
attendance
on
the
next
day. His application was granted. Counsel for
the
petitioner
then
asked
that
he also might be excused,
and
thereupon
the
judge,
stating
that
the
court
could
not
carry
on in
the
absence of counsel for
both
parties, withdrew
the
appellant's permission
and
directed
that
both
counsel
should
attend
next
day. At
the
sitting of
the
court on
the
following
day
the
appellant was absent
and
no communi-
cation from
him
had
been received
at
the
court.
The
appellant
having been summoned
to
show cause why he
266
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