LEGAL PRINCIPLE: CIVIL PROCEDURE — Respect for Court Orders — Duty of Citizens
PRINCIPLE STATEMENT
Obedience to court orders is fundamental to the peace and stability of the nation; disobedience is a calculated act of subversion, not merely an affront to the judge.
RATIO DECIDENDI (SOURCE)
Per Nnaemeka-Agu, JSC, in Hart v. Hart (1990) NLC-521983(SC) at pp. 34–35; Paras D–A.
"Obedience to orders of court is fundamental to the good order, peace and stability of the Nigerian nation. The ugly alternative is a painful recrudescence of triumph of brute force or anarchy - a resort to our old system of settlement by means of bows and arrows, matchets and guns or, now, even more sophisticated weapons of war. Disobedience to an order of court should, therefore, be seen as an offence directed not against the personality of the Judge who made the order, but as a calculated act of subversion of peace, law, and order in the Nigerian society. Obedience to every order of court is therefore a duty which every citizen who believes in peace and stability of the Nigerian state owes to the nation."
EXPLANATION / SCOPE
Respect for court orders is foundational to societal order and stability. Disobedience is not merely an affront to a judge but an act of subversion against peace, law, and order. The alternative to judicial authority is anarchy and violence. Every citizen owes a duty to obey court orders. The principle emphasises the importance of the rule of law. Courts are the ultimate arbiters of disputes; their orders must be respected. Disobedience undermines the fabric of society. The principle applies to all citizens, regardless of status. The court will enforce compliance to preserve order. The rule is rooted in the necessity of civilised society.
