Judiciary-Poetry-Logo
JPoetry

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

Dictum

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)

Was this dictum helpful?

SHARE ON

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) Was this dictum helpful? Yes 0...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

COMMITTAL FOR CONTEMPT IS BY WAY OF BREVI MANU

Committal for contempt in the face of the Court is by way of a brevi manu procedure. This allows the Judge to be the accuser, prosecutor, jury and Judge all rolled into one. It is a negation of some of the very well-known principles upon which our common law oriented adjudicatory mechanism are founded upon....

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

DUE PROCEDURE MUST BE FOLLOWED FOR CONTEMPT

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...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

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...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

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...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here
No more related dictum to show.