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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The principles enshrined in the law of contempt are there to hold and ensure the effective administration of justice. They are the means by which the law vindicates the public interest in the administration of justice. It is also settled that the law of contempt does not exist for the sake of the personal aggrandizement of the judge nor is it there to protect the private rights of parties or litigants.
– Kekere-Ekun, JCA. Alechenu v. AG Benue (2011) – CA/J/220/2002
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)
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)
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)
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. Of great and utmost concern is the total derogation of one of the pillars of the principles of natural justice; where it is not allowed for one to be a Judge in his own case- Nemo judex in causa sua, in the brevi manu procedure.
– A.A.B. Gumel, JCA. Alechenu v. AG Benue (2011) – CA/J/220/2002
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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