LEGAL PRINCIPLE: CIVIL PROCEDURE — Jurisdiction — Contempt of Court Proceedings Take Precedence Where Contempt Is Extrinsic to Substantive Suit
PRINCIPLE STATEMENT
The offence of contempt of court is sui generis and extrinsic to the substantive suit. A trial judge is perfectly right to first deal with the issue of contempt before addressing jurisdiction regarding the substantive suit.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Ebhodaghe v. Okoye (2004) NLC-2182000(SC) at pp. 11–12; Paras D–A.
"The offence of contempt of court is in a class by itself. Put simply, it is sui generis. It is extrinsic to the substantive libel suit. Now at the stage the attention of the learned trial Judge was drawn to the alleged offence of contempt of his court, and he consequently made up his mind to dispose of that first, two distinct and separate matters were before him. The learned trial Judge was perfectly right when he chose to first deal with the issue of the contempt of his court. The issue of jurisdiction of the court with regard to the libel suit would be taken when that suit comes on for hearing."
EXPLANATION / SCOPE
Contempt is extrinsic to the substantive suit and may be dealt with first. The principle applies to civil procedure. The court has discretion to prioritise contempt. The rule ensures that judicial authority is upheld. The substantive jurisdiction issue is separate. The principle is well-established.