"It is now tolerably settled that where a defendant, in a cause, challenges the validity of an order directed against him, either by way of an appeal or other application, he cannot be proceeded against for contempt of that order unless and until the issue of its legality is settled one way or the other, Onwochei Odogwu v. Olemeoku Odogwu (supra); Gordon v. Gordon (supra)". 

 

 

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