LEGAL PRINCIPLE: CIVIL PROCEDURE — Contempt of Court — Duty of Court to Guard Its Dignity and Authority
PRINCIPLE STATEMENT
Contempt proceedings are criminal in nature. The purpose of taking contempt cases first is to demonstrate that the court will protect its dignity and will not allow any person to brazenly do an act that would diminish the powers vested in the administration of justice.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Ebhodaghe v. Okoye (2004) NLC-2182000(SC) at p. 13; Paras B–C.
"Contempt proceedings are criminal in nature and should therefore ordinarily in the context of our jurisprudence be first dealt with either by the court trying the case when the alleged contempt took place or by another court. It cannot be over-emphasised that the purpose of taking contempt cases first is to demonstrate to the public that the court being the creature of the constitution to decide cases between all manners of litigants, vide section 6(6) of the Constitution, should protect its dignity and would neither allow the ubiquitous Legislature nor the over-bearing Executive, and not even a citizen to brazenly do an act that would diminish the powers duly invested by the Constitution and the Common Law, in the administration of justice."
EXPLANATION / SCOPE
Courts have a duty to protect their dignity and authority through contempt proceedings. The principle applies to all courts. Contempt is criminal in nature. The rule ensures respect for judicial authority. The court may take contempt cases first. The principle is fundamental.