Magistrate Can Punish Contempt Committed In Its Face — Falana, SAN

— However Says, Better Alternatives Exist

Foremost Human Rights Attorney, Mr. Femi Falana, SAN, has stated
that, whilst the action of the Abuja Magistrate was not wrong, he
would have employed a different means with regards to the alleged
‘interruption’ by counsel during the ruling of the Magistrate.

The Learned Silk who noted that in contempt committed in the
face of the court, the ‘judex serves as the Complaint, Prosecutor
and Judge’ and the actions of the lawyer was one capable of being
cited as contempt, nonetheless, the Magistrate would have simply
asked the lawyer to leave the court.

In a statement made available to Nairalaw, the Learned
Silk recalled a similar instance involving the law lord, Lord
Denning, as published in the June 1964 edition of the New York
Times.

“Tempers may have been slightly ruffled, but decorum prevailed
nonetheless in the Court of Appeal today as a protesting woman
litigant flung law books at the judges. Vera Beth Stone was
conducting her own case. She was refused leave to appeal a judgment
on the levying of costs in an unsuccessful action she had brought
against the Association of Official Shorthand Writers in which she
had charged falsification of transcripts. So she picked up a book
in front of her and said:

“This is not a personal matter, but I have to bring this before
the court.” The book flew past the ear of Lord Denning, Master of
the Rolls, and struck the paneling behind him. Neither he nor
either of the two other judges on the dais, Lord Justices Harman
and Diplock, showed agitation.

“It does not have to be tomatoes,” Miss Stone continued, and let
fly a second book, a bit wider of the mark. “Will you please leave
the court!” Lord Denning said politely but firmly. “I shall only
come back and throw more books,” Miss Stone replied. “Will you
leave?” Lord Denning persisted. Miss Stone surveyed her dwindling
library. “I am running out of ammunition,” she said.

“As she was led from the courtroom, she said to Lord Denning:
“May I congratulate your lordship upon your coolness under
fire.”

— However Says, Better Alternatives Exist

Foremost Human Rights Attorney, Mr. Femi Falana, SAN, has stated
that, whilst the action of the Abuja Magistrate was not wrong, he
would have employed a different means with regards to the alleged
‘interruption’ by counsel during the ruling of the Magistrate.

The Learned Silk who noted that in contempt committed in the
face of the court, the ‘judex serves as the Complaint, Prosecutor
and Judge’ and the actions of the lawyer was one capable of being
cited as contempt, nonetheless, the Magistrate would have simply
asked the lawyer to leave the court.

In a statement made available to Nairalaw, the Learned
Silk recalled a similar instance involving the law lord, Lord
Denning, as published in the June 1964 edition of the New York
Times.

“Tempers may have been slightly ruffled, but decorum prevailed
nonetheless in the Court of Appeal today as a protesting woman
litigant flung law books at the judges. Vera Beth Stone was
conducting her own case. She was refused leave to appeal a judgment
on the levying of costs in an unsuccessful action she had brought
against the Association of Official Shorthand Writers in which she
had charged falsification of transcripts. So she picked up a book
in front of her and said:

“This is not a personal matter, but I have to bring this before
the court.” The book flew past the ear of Lord Denning, Master of
the Rolls, and struck the paneling behind him. Neither he nor
either of the two other judges on the dais, Lord Justices Harman
and Diplock, showed agitation.

“It does not have to be tomatoes,” Miss Stone continued, and let
fly a second book, a bit wider of the mark. “Will you please leave
the court!” Lord Denning said politely but firmly. “I shall only
come back and throw more books,” Miss Stone replied. “Will you
leave?” Lord Denning persisted. Miss Stone surveyed her dwindling
library. “I am running out of ammunition,” she said.

“As she was led from the courtroom, she said to Lord Denning:
“May I congratulate your lordship upon your coolness under
fire.”