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CONTEMPT PROCEEDINGS - EXCEPTIONS TO THE RULE THAT A PARTY IN CONTEMPT CANNOT BE HEARD

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"There are however a few exceptions to the general rule. The principle does not apply to applications by an alleged contemnor challenging the order on the ground of lack of jurisdiction by the Court. There is a clear distinction between the right to be heard in defence of the order made and the right to enforce yet an order whilst in disobedience. The right to be heard is clearly different from the right to enforce a right whilst still in disobedience. See, First African Trust Bank Limited and Anor v. Basil O. Ezegbu and Anor [1992] 9 NWLR (pt. 264) 132; (1993) 6 SCNJ 122..."

In First African Trust Bank Limited and Anor v. Basil O. Ezegbu and Anor (supra) at 151 Karibi - Whyte, JSC, spoke so incisively, about these exceptions thus:

"In my respectful opinion, the rule precluding hearing a contemnor before the Court is founded on principle. To every rule there are always exceptions. The exceptions to the general rule that a party in contempt may not be heard as distilled from the authorities referred to (supra) are:

(1) Where the party is seeking for leave to appeal against the order of which he is in contempt;

(2) Where the opposition to the order is one on the ground of lack of jurisdiction;

(3) Where the contemnor is seeking to be heard in defence of the Order and

(4) Where it can be shown that there were certain procedural irregularities in making of the orders which irregularities make the order unsustainable."

 

- 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

This topic was modified 4 years ago by Admin General

   
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