ABISOGUN V. ABISOGUN

• Pages: 198-203

198

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NIGERIAN SUPREME COURT CASES

[1963] N.S.C.C.

He cited in support of his argument the case of

Dixon Gokpa v. Inspector-

General of Police

(1961) 2 All N.L.R., Part 2, page 423. In that case, the Magis-

trate in his anxiety to get on with his work, did not grant an adjournment to enable

counsel to appear for the accused person, who wanted to be defended by the

counsel he had engaged and had reasonable ground for adjournment. It is not ap-

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posite to the facts of this case.

Here the High Court, in accordance with practice, assigned counsel to defend

the appellant, who was charged with murder, not knowing (possibly because of

some confusion in the registry) that his brother had briefed counsel. When the trial

came on, the appellant did not tell the Court that he had his own counsel, neither

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did Mr. Chukwuani, although Mr. Chukwuani knew that Mr. Nnaemeka-Agu had

been briefed. Later in the day Mr. Nnaemeka-Agu learned that the trial had begun;

he could have gone to Nsukka, which is forty miles from Enugu, on the following

day and asked to defend the appellant. He did not do so; he was going to Afikpo,

to defend someone charged with forgery. The Court observed that as between the

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two, his duty was to go to Nsukka and defend in the graver case of murder.

The Court was of opinion that there had been no breach of the provision in sec-

tion 21(5)(c) of the Constitution: the appellant having accepted Mr. Anyamene as

his counsel at the trial, and having refrained from telling the trial judge that he had

another counsel of his own, could not reasonably complain that he had not been

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allowed to have his defence conducted by counsel of his own choice.

For the above reasons the Court dismissed the appeal.

Appeal dismissed.

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ABISOGUN V. ABISOGUN & ORS.

30

ETHEL ABISOGUN

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APPELLANT

V

1.

AKINTUNDE ABISOGUN

2.

MRS. FUNSHO THOMAS

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3.

KUNLE ABISOGUN

4.

MRS. AJOSE ADEOGUN

5.

MRS. FUNKE ADEBIMPE

6.

MADAM OJUOLAPE ODOJUKAN

7.

MADAM OKOYA

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RESPONDENTS

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SUIT NO. FSC 10

2

/

1

962

FEDERAL SUPREME COURT

ADEMOLA,,



C.J.F.

TAYLOR,



F.J.

BAIRAMIAN,

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F.J.

21st June, 1963.

Legislation - Marriage Ordinance 1923, s. 33 (1958) Laws of the Federation,

Cap.115, s. 33(1).

Family Law - Native Law and Custom - Marriage - Proof of - Yoniba Native

Law and Custom - Acknowledgment of child born out of wedlock by father

already married under Marriage Ordinance.

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