LEGAL PRINCIPLE: CIVIL PROCEDURE — Contempt of Court — Court’s Inherent Jurisdiction to Punish Contempt Exists Independently of Jurisdiction Over Substantive Suit
PRINCIPLE STATEMENT
The trial judge in making the order was merely exercising the inherent jurisdiction which a superior court of record possesses to ensure that the proceedings of his court are not abused or brought into disrepute. Section 6(6)(a) of the Constitution specifically preserves the inherent jurisdiction of a court of law. Further section 133 of the Criminal Code Act gives wide powers to punish for various types of contempt.
RATIO DECIDENDI (SOURCE)
Per Oguntade, JSC, in Ebhodaghe v. Okoye (2004) NLC-2182000(SC) at p. 20; Paras B–C.
"The trial Judge in making the order was merely exercising the inherent jurisdiction which a superior court of record possesses to ensure that the proceedings of his court are not abused or brought into disrepute. Section 6(6)(a) of the Constitution of the Federal Republic of Nigeria specifically preserve the inherent jurisdiction of a court of law. Further section 133 of the Criminal Code Act, Cap. 77, Laws of the Federation 1990 gives wide powers to punish for various types of contempt of court."
EXPLANATION / SCOPE
Courts have inherent jurisdiction to punish contempt. The principle applies to civil procedure. This jurisdiction exists independently of substantive suit jurisdiction. The rule is preserved by the Constitution and statute. The court can protect its proceedings from abuse. The principle is fundamental.