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DUE PROCEDURE MUST BE FOLLOWED FOR CONTEMPT

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Dictum

It is trite that contempt of Court is an office sui generis. An application for committal for any disobedience of an order of Court is a very serious matter as it involves in most cases an exceptional interference with the liberty of a subject and therefore when any antecedent process has to be put in motion every prescribed step and rule however technical should be carefully taken, observed and insisted upon. Any irregularity in the procedure for committed is a fundamental vice which vitiates the entire application.

– P.O. Elechi, JCA. Mofunanya v. Nwadiogbu (2017) – CA/E/282/2009

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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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CONTEMPT OF COURT IS TO PROTECT DIGNITY OF THE COURT

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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EXCEPTIONS TO WHEN A PARTY IN CONTEMPT MAY NOT BE HEARD

In First African Trust Bank Limited and Anor v. Basil O. Ezegbu and Anor (supra) at 151 Karibi Whyte, JSC, spoke so incisively, about these exceptions thus: “In my respectful opinion, the rule precluding hearing a contemnor before the Court is founded on principle. To every rule there are always exceptions. The exceptions to the general rule that a party in contempt may not be heard as distilled from the authorities referred to (supra) are:
(1) Where the party is seeking for leave to appeal against the order of which he is in contempt;
(2) Where the opposition to the order is one on the ground of lack of jurisdiction;
(3) Where the contemnor is seeking to be heard in defence of the Order and
(4) Where it can be shown that there were certain procedural irregularities in making of the orders which irregularities make the order unsustainable.

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

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