NAME: ADEOLA PRISCILLA ADEBOLA

MATRIC NO: LCU/UG/17/12503

COURSE CODE: PIL 311
COURSE NAME: CRIMINAL LAW
EXAMINING THE LAW OF CONTEMPT OF COURT IN NIGERIA.

For there to be smooth running of government under a democratic dispensation, there must be
respect for the judiciary as an institution with full legal clothing from the constitution and
other legislative enactments. Disregard for the orders and judgment of a court surely does no
good to the rule of law and democratic process; instead anarchy and impunity become the
order of the day. One of the obvious ways the course of the administration and dispensation
of justice can be protected, if not preserved, is by dutiful obedience to the orders of a court. A
judicial order is an authoritative command or direction; it is either an order restraining a
person from carrying out an action, or compelling a person to carry out a certain act. Defiance
to court orders and judgements attracts dire consequences.
Contempt of court is defined in R V GRAY as;
Any act done or writing published calculated to bring a court into contempt, or to lower his
authority, is a contempt of court. That is one class of contempt. Further, any act done, or
writing published calculated to obstruct or interfere with the due course of justice or the
lawful process of the court is a contempt of court.
Contempt of court is classified into direct or in direct contempt. Direct contempt which is
“contempt” in facie curiae” which means contempt in the face of the court occurs in
the face of the court while it’s in session, it is direct in that it occurs before the eyes of
the judge so he needs no evidence of the witness. On commission of the offence the
contemnor can be tried there either by imprisonment or by fine, here no need to file a
charge.
Indirect contempt also known as “ex facie curiae” takes place outside the face of the
court therefore the normal process of issuing a warrant, arrest, drafting a plea must be
followed. Contempt of court is either civil or criminal, it’s criminal when it consists of
interference with the administration of justice while it is civil when it includes
disobedience of court orders or other process relating to private injury.
Contempt of court is punishable under the laws of Nigeria and all courts of record have
power to punish for contempt under section 6(6) of the CFRN. Also it important to note that
in proceedings of contempt the case should and must be tried by another judge otherwise the
contemnor cannot be said to have received a fair trial, with the result that the trial and
conviction are a nullity. “Where a man's liberty is at stake, every requirement of the law must
be strictly complied with." 1

1
Agbachom v. The State (1970)1 All NLR 69
In conclusion, Disobedience of a court’s order is a serious contempt indeed and courts of law
must protect themselves from being maligned and ridiculed.