City Crime
Contempt Of Court
Contempt of court is a behaviour that opposes or defies the authority, justice and dignity of the court. When an order of court is disobeyed, it affects the dignity of the court in the administration of justice and courts do not treat such conduct with levity. According to U. Mohammed, J.S.C. in Okonofua Vincent Omoijahe V. Uwesu Omonu & Ors (1999) SC, it is justice itself that is flouted by contempt of court, not individual court or judge who is attempting to administer it. Also, in the case of Atake V. Attorney General of the Federation (1982) LPELR 586 (SC) Idigbe JSC states as follows:
It is indeed difficult to give exact definition of contempt of court, and this is because it is so manifold in its aspect … but generally it may be described as any conduct which tends to bring into disrespect, scorn or disrepute the authority and administration of the law or which tends to interfere with and/or prejudice litigants and/or their witnesses in the course of litigation.
There are two types of contempt, contempt in faciecuriea, which means contempt in the face of the courts, and ex facie curiea which means contempt outside the court. Contempt in the face of the court may arise as a result of disrespectful conduct or comments made in the courtroom by a contemnor when proceedings are going on which is heard and seen by the judge which undermines the dign ity of the court or which interferes with the administration of justice. Note that the law of contempt only exists to uphold and ensure effective administration of justice. The power of court to punish for contempt must always be exercised to secure and protect the authority of the court. Because it is not every act of discourtesy to the court by counsel that amounts to contempt.
The Supreme court of Nigeria in the case of INEC & Anor V. Oguebego & Ors, held that whilst considering the instances when words or actions used in the face of the court or in course of proceedings be deemed contemptuous, held as follows: “For words or actions in the face of the court or in course of proceedings to be deemed contempt, they must be such that would interfere with the course of justice. A superior court of record has the inherent jurisdiction to deal with contempt in facie curiea and punish for the offence summarily. In must once again be emphasised that summary powers for punishing for contempt should however be used sparingly and only in serious cases…”
Ex-facie curiea which is contempt outside the court arises from disobedience and obstruction of lawful court order when this is the case, the court is entitled to invoke its innate powers to punish an erring party, by committing them to prison. The procedure for punishment of the contempt is governed by the Sheriff and Civil Process Act LFN 2004 (SCPA) and Order 9 Rule 13 of Judgment Enforcement Rules. Section 72 of the SCPA provides that: “If any person refuses or neglects to comply with an order made against him, other than payment of money, the court instead of dealing with him as a judgement debtor guilty of misconduct defined in paragraph (f) of section 66 of this Act, may order that he be committed in prison and detained in custody until he has observed the order in all things that are to be immediately performed…”
By: Nkechi Bright-Ewere
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