LEGAL PRINCIPLE: JUDGMENTS AND ORDERS — Contempt of Court — Legal Consequence of Disobedience
PRINCIPLE STATEMENT
It is wrong to say that an act done in disobedience of a court order is an illegality. "Illegality" connotes an infraction of law as contradistinguished from mere rules of procedure.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in A.G., Ekiti State & Ors v. Daramola & Ors (2003) NLC-1002000(SC) at p. 53; Paras D–E.
"It is wrong to say that an act done in disobedience of a court order is an illegality. The term 'illegality', in my humble view, connotes an infraction of law... as contradistinguished from mere rules of procedure."
EXPLANATION / SCOPE
Disobedience of a court order is contempt, not illegality. The principle distinguishes between substantive illegality and procedural contempt. The rule clarifies legal terminology. The contemnor may be punished for contempt. The principle is well-established.