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CONTEMPT PROCEEDINGS - WHETHER A PARTY IN CONTEMPT CAN BE HEARD IN THE SAME CAUSE UNDER NIGERIAN LAW

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"Now, although the general rule in England has been stated in Halsbury's Laws of England (4th Edition) Vol, 9, para. 206 as follows: "the general rule is that a party in contempt, that is a party against whom an order for committal has been made, cannot be heard or take proceedings in the same cause until he has purged his contempt," the basic position of the law in Nigeria, on the fundamental nature of jurisdiction and fair hearing in the adjudicatory system/process had long been settled in long line of cases, Madukolu v. Nkemdilim [1962] 2 SCNLR 341; Okafor v. A- G Anambra State (1991) 6 NWLR (pt 200) 659, 678; Afro Continental v. Co-operative Association of Professionals Inc. [2003] 5 NWLR (pt.813) 303, 317 - 318; Group Danone v. Voltic Nig. Ltd [2008] 7 NWLR (pt. 1087) 668, 667.

Indeed, as this Court held in Abeke v. Odunsi and Anor (2013) LPELR - 20640 (SC) 17; B - G:

"However, generally, the common-law principle which precludes persons in disobedience of the order of the Court from being heard in respect of the matters in which they stand in disobedience has been settled.

In Hadkinson v. Hadkinson (1952) 2 All ER 567, 573, Denning, LJ, opined thus:'

I need hardly say that it is very rare for this Court to refuse to hear counsel for an appellant. No matter how badly a litigant has behaved, nevertheless, generally speaking, if he has a right of appeal, he has a right to be heard for the simple reason that, if he is not heard, his right of appeal is valueless...the fact that a party to a cause has disobeyed an order of the Court is not of itself a bar to his being heard, but if his disobedience is such that so long as it continues, it impedes the cause of justice in the cause, by making it more difficult for the Court to ascertain the truth or to enforce the orders which it may make, then the Court may in its discretion refuse to hear him until the impediment is removed or good reason is shown why it should not be removed"

 

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


   
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