LEGAL PRINCIPLE: CIVIL PROCEDURE — Jurisdiction — No Hard and Fast Rule Requiring Jurisdiction to Be Determined First in All Circumstances
PRINCIPLE STATEMENT
While jurisdiction should be dealt with expeditiously, contempt cases should largely be left to the discretion of the court before which the contempt is committed. Circumstances differ from one contempt to another.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Ebhodaghe v. Okoye (2004) NLC-2182000(SC) at p. 8; Paras D–E.
"While it is correct to say that issue of jurisdiction (which may be raised at any stage of the trial and appeal) should be taken up and dealt with expeditiously before proceeding further in a case, I think cases of this nature involving contempt of court, should largely be left to the discretion of the court before which the contempt is committed. Circumstances would clearly differ from one contempt to another contempt."
EXPLANATION / SCOPE
Jurisdiction is not always a hard and fast requirement to be determined first. The principle applies to contempt proceedings. The trial court has discretion. The rule recognises the unique nature of contempt. The court may prioritise contempt over jurisdictional challenges. The principle is well-established.