This must be for it is a power which a Court, must of necessity, possess. Its usefulness, surely depends on the wisdom and restraint with which it is exercised. In cases of contempt ex facie curiae, there may be cases where the offence should be dealt with summarily, but such hearing must be conducted in accordance with cardinal principles of fair process. Above all, the case must be one the facts surrounding the alleged contempt are so notorious as to be virtually incontestable, where the Judge would have to rely on evidence or testimony of witnesses to events occurring outside his view and outside of his presence in Court, he should not try the case himself.

The matter must be placed before another judge where the usual procedure for the arrest, charge and prosecution of the offender must be followed, Oku v. The State (supra) 68. In other words, in the trial of criminal contempt ex facie curiae, an offender is entitled to the benefit of a full process of a criminal trial. The reason for this is obvious. Firstly, this is to ensure that the accused person receives a fair hearing of the case against him. In the second place, the Judge no doubt would have to rely on evidence or testimony of witnesses to events which did not occur in his presence, Boyo v. Attorney-General of Mid- West (1971) 1 All NLR 353". PER C. C. NWEZE, J.S.C.

PER C. C. NWEZE, J.S.C. IN THE CASE OF INDEPENDENT NATIONAL ELECTORAL COMMISSION & ANOR v. EJIKE OGUEBEGO &2 ORS:LER(2018) SC.116/2017