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Contempt Of Court

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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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City Crime

Delta Attorney-General Laments Hike In Human Trafficking

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Delta State Attorney-General and Commissioner for Justice, Ekemejero Ohwovoriole (SAN) has lamented the increasing rate of human trafficking, especially the girl child in the state.
Ohwovoriole decried the increase in his office in Asaba when the zonal commander of the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), Mr Nduka Nwawenne paid him a courtesy visit.
The Attorney-General stated that it was against the dignity of the state and disheartening to see that Delta State now ranked first in human trafficking, overtaking Edo State.
He stressed the need for stakeholders to tackle the menace, adding that if it was one single victim that was rescued, they would be rewarded for their efforts.
Ohwovoriole stated that young girls were the most vulnerable ones in the issue of human trafficking, stressing that children from poor family backgrounds also fall victim to human trafficking.
While saying that their request for an office space in the state would be looked into, to see how the government could be of assistance to them, he assured them of his ministry’s partnership in the fight against human trafficking.
He said that the Task Force on human trafficking and irregular migration, which he chairs, should be having regular meetings.
Earlier, the Zonal Commander of Naptip, Mr. Nwawenne informed the commissioner that Delta state had overtaken Edo state as the foremost state in human trafficking in nigeria.
He told the Attorney-General that their Zonal Command was the first to be established in Nigeria because of the prevailing issues of human trafficking in the area, noting that ika south was the highest in cases of human trafficking as a result of its proximity with edo state.
Nwawenne appealed to the Commissioner and the State Government to provide office accommodation for their officials to operate in Asaba.

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Army Arrests 50 Foreigners, Others For Job Racketeering

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The Nigerian Army said it has arrested 50 suspects, including foreigners, for alleged international job racketeering in Lagos.
The Director, Army Public Relations, Brig. Gen. Onyema Nwachukwu, who addressed journalists in Abuja, on Wednesday, said the suspects were arrested during an operation jointly conducted by the Army and the Nigeria Immigration Service.
He also disclosed that no fewer than 13 criminals were killed and 88 arrested during various operations across 20 states of the federation.
Among those arrested include 50 suspects comprising foreigners who were nabbed for alleged International job racketeering.
Onyema said, “In the South-West region, on November 2, 2023, troops of 9 Brigade Nigerian Army in conjunction with personnel of Nigerian Immigration Service, Lagos State Command, conducted a raid operation on a suspected criminal hideout at Ifako Ijaye.
“During the operation, 50 suspects, including foreigners who specialise in international job racketeering, were arrested. In a similar development same day, the same troops arrested two suspects at a hotel in Ogba in the Ikeja LGA.
“The arrest was in connection with the murder of one Mallam Idris Ardo, the Ardo of Panya Village in Plateau State. Preliminary investigation revealed that one of the arrested suspects masterminded the killing of Ardo and fled the community since the incident occurred.”

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Elder Statesman Charges FG On Judges, Magistrates’ Security

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An elders statesman and advocate of oil rights in the Niger Delta, Rev Sokari Soberekon, has called on the Federal Government to beef up security for High Court Judges and Magistrates in the country. The iconoclastic doctor of humanities made this plea while addressing newsmen during the just concluded 2023/2024 rededication of the legal year of the Rivers State Judiciary held at the St. Cyprian’s Anglican Church in Port Harcourt last Thursday.
Soberekon stressed the essence of maximised security for Judges and Magistrates in Nigeria to ensure prompt and fearless dispensation of justice, equity and fairplay. He, maintained that apart from armed Police orderlies, the Judges and Magistrates should be legally authorised to keep personal arms for self defence when necessary, adding that this innovative policy would enhance the desired environment for an independent judiciary.
According to the octogenarian minority rights activist, the judiciary is the sanctuary of justice and equity.
He recalled the circumstances surrounding the gruesome murder of the former Federal Attorney General and Minister of Justice, Late. Chief Bola Ige.
Soberekon noted that, in spite of the retinue of official security aides attached to the late former Governor of Oyo State, Ige would not have been murdered if he was personally armed on that fateful day of his demise.
Soberekon emphasised the need to shun eye service in the nation’s polity.
He, however, maintained that the only Oga in politics is God Almighty, who he said uses people to install others in office.
Soberekon recalled the meeting he had with King Alfred Diete-Spiff in Lagos from where the pioneer Governor of the State started planning the blueprint of the old Rivers State.
He said what Rivers State needs now is peace, and applauded the placard with the description, ‘Peace’, displayed during the rededication ceremony.
He noted with delight that while delivering a sermon at the occasion, the Vicar of the church advised Nigerians to give peace a chance and also to build a nation where peace and justice reign.

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