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CONTEMPT OF COURT IS TO PROTECT DIGNITY OF THE COURT

Dictum

Contempt of court may be described as any act or conduct which interferes with the course of justice and tends to bring the authority and administration of law into disrespect. The twin elements of contempt of court are, therefore, interference and disrespect. The aim of the law of contempt of court, therefore, is to protect the dignity of court from any conduct that tends to obstruct or interfere with the administration of justice.

– Achike JCA. Adeyemi v. Edigin (1990)

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PROCEDURE FOR CONTEMPT: EX FACIE CURIAE

Above all, the case must be one the facts surrounding the alleged contempt are so notorious as to be virtually incontestable, where the Judge would have to rely on evidence or testimony of witnesses to events occurring outside his view and outside of his presence in Court, he should not try the case himself. The matter must be placed before another judge where the usual procedure for the arrest, charge and prosecution of the offender must be followed, Oku v. The State. In other words, in the trial of criminal contempt ex facie curiae, an offender is entitled to the benefit of a full process of a criminal trial.

– Chima Centus Nweze, J.S.C. Independent National Electoral Commission & Anor v. Ejike Oguebego & Ors (2017)

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CONTEMPT OF COURT GOES TO THE INHERENT JURISDICTION OF A COURT OF RECORD

It is clear that the contempt of court which a court of record is entitled to deal with brevi manu is not anywhere prescribed in a written law but it is part of the functions which are associated with the inherent jurisdiction of a court of record.

– GEORGE BAPTIST AYODOLA COKER, J.S.C. A.U. Deduwa & Ors. v. The State (1975)

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CONTEMPT: IN FACIE CURIAE VS EX FACIE CURIAE

Here, I take liberty to restate that there are two broad classifications of contempt: that committed in facie curiae and that committed ex facie curiae. In the latter category, a charge and a plea are necessary and the accused is entitled to a fair hearing of the case against him.

– Chima Centus Nweze, J.S.C. Independent National Electoral Commission & Anor v. Ejike Oguebego & Ors (2017)

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POWER TO PUNISH FOR CONTEMPT IS NOT SUBJECTIVE

Clearly, it seems to me that the discretionary power of the court to punish for contempt is reviewable. Any reviewing authority is undoubtedly invited to make an objective assessment of a matter under consideration. To, therefore, hold as the lower court did, that the test regarding the power of the court to punish for contempt is subjective, is with respect, unacceptable.

– Achike JCA. Adeyemi v. Edigin (1990)

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REQUIREMENT FOR CONTEMPT IN FACIE CURIAE

For words or actions used in the face of the Court, or in the course of proceedings, to be contempt, they must be such as would interfere with the course of justice.

– Chima Centus Nweze, J.S.C. Independent National Electoral Commission & Anor v. Ejike Oguebego & Ors (2017)

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TO ESTABLISH CONTEMPT OF BREACH OF AN ORDER OF INJUNCTION

In Onagoruwa vs. Adeniju (1999) 5 NWLR (PT.293) 317, wherein, my lord, Niki Tobi JCA (as he then was) stated what must be proved in contempt application, thus: “To establish contempt of breach of an order of injunction the following elements must be established: 1. The terms of the injunction must be clear and unambiguous; 2. It must be proved that the defendant had had proper notice of the terms of the injunction; 3. There must be a positive proof that the terms of the injunction have been broken.”

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