In the realm of contempt proceedings, a fundamentally recognised legal principle posits that any individual deemed in contempt of a court’s order is customarily prohibited from seeking remedial measures from the court so long as they remain in a state of non-compliance. This doctrine underscores the imperative of reinforcing the integrity of court orders and fostering adherence to judicial prescriptions.

 

Exceptions to the General Rule:

However, the legal paradigm accommodates an extraordinary caveat to this standard. This exception emerges when the contemnor elects to contest the legitimacy of the order of court via legitimate procedural routes, such as appeals or other judicial applications. In such scenarios, the individual may not be considered in contempt nor deprived of their legal entitlements while the validity of the order stands subject to judicial determination by an aptly empowered court. This safeguard is instrumental in preserving the right of individuals to challenge the lawfulness of court orders without incurring automatic penalties for non-compliance.

Judicial precedents have consistently supported this departure from the general norm, highlighting the necessity of enabling individuals to contest the validity of court orders through established legal mechanisms. In Shell Pet. Dev. Co. of Nig. Ltd & Anor v Torchi & 3Ors,[1] the Supreme Court held per K.M.O. Kekere-Ekun, JSC that:

“An exception to this settled principle of law is where the person against whom the order is made has challenged the validity of the order by way of an appeal or other application. He cannot be proceeded against for contempt or declared a contemnor until the issue of the validity of the order is settled one way or the other by a court of competent jurisdiction.”[2]

Other cases such as Group Danone &Anor. v Voltic (Nig) Ltd.[3]; Onwochei Odogwu v Otemeoku;[4] and INEC & Anor. v Oguebego & Ors;[5] serve as legal precedents affirming the rights of individuals to contest the validity of court orders without being subjected to contempt proceedings until the matter is resolved.

The recognition of this exception is of utmost significance in the preservation of individual legal rights and the facilitation of due process. By permitting individuals to legally challenge the veracity of court orders, the justice system honours its commitment to the principles of fairness and procedural justice.[6]

 

Conclusion:

While the overarching principle dictates that a person found in contempt of a court order is generally ineligible for relief or the exercise of the court’s discretionary powers, there are critical exceptions when the veracity of the order is legally challenged. The steadfast preservation of these exceptions is crucial, for it plays a pivotal role in protecting individual rights and ensuring the soundness of the legal process.

[1] (2022-LCER-46638-SC)

[2] Ibid, 28 – 29; G – E.

[3] (2008) 7 NWLR (Pt.1087) 637

[4] Odogwu (1992) 2 NWLR (Pt.225) 539 554

[5] (2017) LPELR-42609 (SC) 14-17 A-B.

[6] “It is settled in law that fair hearing, according to the law, envisages that parties to a case be given the opportunity of presenting their respective cases without let or hindrance from the beginning to the end. It also envisages that the Court or tribunal hearing the parties’ case should be fair and impartial without showing any degree of bias against any of the parties. See the case of Okike v. L.P.D.C. (2005) LPELR-2450(SC), (2005) 15 NWLR (Pt. 949) 471 Per Salihu Modibbo Alfa Belgore, JSC. (at Pp. 53-54).” Per MARY UKAEGO PETER-ODILI, JSC in MUYIDEEN v. NBA & ANOR (2021-LCER-40484-SC) (Pp 17 – 18 Paras F – B)

Levi I. Shaapera, Esq., is a legal research enthusiast with a passion for exploring the intricacies of the law. As the Founder and Editor-in-Chief of LawCompass Electronic Reports (LCER), he is dedicated to providing comprehensive legal analyses and insights. In addition to his role at LCER, Levi serves as the Managing Partner at Leis Law Clinic, where he applies his expertise to offer comprehensive legal services. With a commitment to excellence and a deep passion for the law, Levi plays a pivotal role in advancing legal scholarship and practice.

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