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)
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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...
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...
In Onagoruwa vs. Adeniju (1999) 5 NWLR (PT.293) 317, wherein, my lord, Niki Tobi JCA (as he then was) stated what must be proved in contempt application, thus: “To establish contempt of breach of an order of injunction the following elements must be established: 1. The terms of the injunction must be clear and unambiguous; 2. It must be proved that the defendant had had proper notice of the terms of the injunction; 3. There must be a positive proof that the terms of the injunction have been broken.”
A superior Court of record has the inherent jurisdiction to deal with contempt in facie curiae and punish for the offence summarily. – Chima Centus Nweze, J.S.C. Independent National Electoral Commission & Anor v. Ejike Oguebego & Ors (2017) Was this dictum helpful? Yes 0 No 0...
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...
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....
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