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EXCEPTIONS TO WHEN A PARTY IN CONTEMPT MAY NOT BE HEARD

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Dictum

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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COURT’S POWER TO PUNISH FOR CONTEMPT

One would note that the court’s power to punish for contempt is as old as the courts themselves. In the celebrated case of Atake v. The President of the Federal Republic of Nigeria (1982) 11 S.C. 153, the Supreme Court, per Idigbe, J.S.C., had decided that the power of the court to punish for contempt is inherent and indeed preserved under Sections 6 and 36(3)(a) of the 1979 Constitution. It is undoubtedly a sine qua non to the smooth and proper administration of justice and ought to be preserved. It belongs to the realm of discretionary powers of the court. But the courts have recognised its uniqueness and have cautioned that the power to punish for contempt should be invoked sparingly.

– Achike JCA. Adeyemi v. Edigin (1990)

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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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TO ESTABLISH CONTEMPT OF BREACH OF AN ORDER OF INJUNCTION

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.”

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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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CONTEMPT: IN FACIE CURIAE VS EX FACIE CURIAE

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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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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