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PROCEDURE FOR CONTEMPT: EX FACIE CURIAE

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Dictum

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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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 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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INFERIOR COURT SHOULD NOT TRY CONTEMPT OF COURT

From the foregoing, I am unable to hold that the extra-judicial vituperative exchanges between the appellant and the respondent in the peculiar circumstances of this case amounted to contempt of court. On the contrary I think that the invocation of the power of contempt in the instant case bordered on abuse of judicial authority. It is clearly improper and will expose the administration of justice to ridicule if a magistrate or a presiding officer of an inferior court were invested with such extraordinary powers to provoke unnecessary extra-judicial verbal exchanges with counsel or a member of the public and yet invoke against him the lethal and drastic power to punish for contempt.

– Achike JCA. Adeyemi v. Edigin (1990)

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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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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. 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

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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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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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