City Crime
Contempt Of Court
Contempt of court is a behaviour that opposes or defies the authority, justice and dignity of the court. When an order of court is disobeyed, it affects the dignity of the court in the administration of justice and courts do not treat such conduct with levity. According to U. Mohammed, J.S.C. in Okonofua Vincent Omoijahe V. Uwesu Omonu & Ors (1999) SC, it is justice itself that is flouted by contempt of court, not individual court or judge who is attempting to administer it. Also, in the case of Atake V. Attorney General of the Federation (1982) LPELR 586 (SC) Idigbe JSC states as follows:
It is indeed difficult to give exact definition of contempt of court, and this is because it is so manifold in its aspect … but generally it may be described as any conduct which tends to bring into disrespect, scorn or disrepute the authority and administration of the law or which tends to interfere with and/or prejudice litigants and/or their witnesses in the course of litigation.
There are two types of contempt, contempt in faciecuriea, which means contempt in the face of the courts, and ex facie curiea which means contempt outside the court. Contempt in the face of the court may arise as a result of disrespectful conduct or comments made in the courtroom by a contemnor when proceedings are going on which is heard and seen by the judge which undermines the dign ity of the court or which interferes with the administration of justice. Note that the law of contempt only exists to uphold and ensure effective administration of justice. The power of court to punish for contempt must always be exercised to secure and protect the authority of the court. Because it is not every act of discourtesy to the court by counsel that amounts to contempt.
The Supreme court of Nigeria in the case of INEC & Anor V. Oguebego & Ors, held that whilst considering the instances when words or actions used in the face of the court or in course of proceedings be deemed contemptuous, held as follows: “For words or actions in the face of the court or in course of proceedings to be deemed contempt, they must be such that would interfere with the course of justice. A superior court of record has the inherent jurisdiction to deal with contempt in facie curiea and punish for the offence summarily. In must once again be emphasised that summary powers for punishing for contempt should however be used sparingly and only in serious cases…”
Ex-facie curiea which is contempt outside the court arises from disobedience and obstruction of lawful court order when this is the case, the court is entitled to invoke its innate powers to punish an erring party, by committing them to prison. The procedure for punishment of the contempt is governed by the Sheriff and Civil Process Act LFN 2004 (SCPA) and Order 9 Rule 13 of Judgment Enforcement Rules. Section 72 of the SCPA provides that: “If any person refuses or neglects to comply with an order made against him, other than payment of money, the court instead of dealing with him as a judgement debtor guilty of misconduct defined in paragraph (f) of section 66 of this Act, may order that he be committed in prison and detained in custody until he has observed the order in all things that are to be immediately performed…”
By: Nkechi Bright-Ewere
The Rivers State Government has vowed to enforce strict compliance with approved building plans by property owners and developers in the State to guarantee safety and adherence to regulatory standards.
The Commissioner for Physical Planning and Urban Development, Rt. Hon. Evans Bipi, in his inaugural meeting with the Permanent Secretary, Directors and staff of the Ministry, said he would ensure full implementation of the Physical Planning Development Law of the State.
He warned that the Rivers State Government will no longer condone a situation where developers make deliberate adjustment or completely deviate from approved building plan in the execution of their projects without recourse to the Ministry.
Hon. Bipi solicited the cooperation of the civil servants of the Ministry while promising to run an open door policy and be easily accessible.
He also promised to right the wrongs, make a positive impact and leave an enduring legacy in the Ministry.
He promised to enhance the physical landscape and aesthetic of Old and New GRA as well as other parts of Port Harcourt.
In his remarks, the Permanent Secretary of the Ministry of Physical Planning and Urban Development, Surv. Wisdom Hebron, assured the Commissioner of maximum cooperation to foster a harmonious working environment.
Rivers State Governor, Sir Siminalayi Fubara, has approved the payment of N85,000.00 as the new minimum wage for civil servants in the employ of the Rivers State Government.
This is the agreement reached during a closed door meeting presided over by the Governor and attended by representatives of organised labour under the auspices of the Joint Public Service Negotiating Council in the State at Government House in Port Harcourt on Friday.
Briefing newsmen after the meeting, the Head of Rivers State Civil Service, Dr George Nwaeke, who spoke on behalf of the Government, affirmed that Governor Fubara has graciously approved a new minimum wage of N85,000.00, adding that the government will begin in November, 2024.
Dr George said, “He (Gov Fubara) has pronounced a figure that is higher than the National Minimum Wage. He pronounced a sum of N85,000.00, which is higher than the minimum wage that was prescribed nationally.
“So, as the Head of Service and a major stakeholder in the labour family, I am very happy to say that the Rivers State Civil Servants have never had it this good since the inception of this State.
“The labour union leaders and all the other major stakeholders were happy with this development,” he added.
Responding to possible payment of arrears, Dr Nwaeke, said it is yet to be determined because a technical committee has been set up to critically work out a tenable payment chart, which will cater to issues of arrears.
He clarified, “Issues of arrears will be worked out by the committee that I am going to be Deputy to the SSG. We are already going to work on it in a technical committee that will now get the nitty gritty of the payment and inform the press later.”
On his part, the Rivers State Chairman of the Joint Public Service Negotiating Council, Comrade Emecheta Chuku, explained that this is their first meeting with Governor Fubara to discuss the issue of the new minimum wage as approved by the Federal Government of Nigeria.
Comrade Chuku pointed to the fact that the gracious approval of N85,000.00 new minimum wage is very appeasing to the labour leaders, adding that it demonstrates love for the workers.
He explained, “For the Governor to come, against all the crisis, against all the things that he is facing and more, to say he will pay N85,000.00 minimum wage, I think our hearts are full of joy.
“Of course, we have no doubt, knowing the kind of person we have as our Governor. He is a decent man; very responsible enough; and grew through the rank and file of the system. He understands what it takes to earn a living salary; he understands the difference between gifting money and paying somebody salary that can sustain him or her from the first day to the last day of the month.”
Also speaking, the Chairman, Nigeria Labour Congress (NLC), Rivers State Chapter, Comrade Alex Agwanwor, noted that the amount approved by Governor Fubara puts Rivers State Government ahead of Lagos State as the highest minimum wage paying State to civil servants in Nigeria.
He stressed, “Why do I say that? Lagos State said N85,000.00 and Rivers State is paying N85,000.00. The IGRs of Lagos State and Rivers State are not the same. So, for the Governor to agree to pay the same rate with Lagos, that means we are at the top of it.
“We are the best, and we want to continue to commend the Governor. We assure him that, as far as this State is concerned, labour is going to stand with him. We will be with him even until the next eight years.
“I want to commend His Excellency, Executive Governor of Rivers State, our own Number One Worker in Rivers State, he has, once again, proven that the workers in Rivers State gave him an award on May Day as the Champion of Labour, as the Most Labour-Friendly Governor in Nigeria. He, again, has shown that to us today, and I want to commend him.”
He added that they were returning to the State Secretariat Complex to inform workers of the Governor’s magnanimity and benevolence towards civil servants in the State.
Rivers State Governor, Sir Siminalayi Fubara, has felicitated Muslim faithful as they celebrate the birth of Prophet Muhammad, urging them to show love, tolerance, perseverance, patriotism and commitment to the growth and development of the State.
Governor Fubara, in a message in Port Harcourt, the State capital, urged the Muslim Ummah to use the lessons of the 12th day of the third month of Rabi’ al-Awwal to reflect on the core teachings of the Holy Prophet, and interceed for one another as exemplified by the sacrifices He made for humanity.
The Governor charged the faithful in the State and across the country to commit to ensuring that they continue to benefit from the genuine policies and programmes of government put in place to make live easy for all living and doing business in the State, without discrimination.
He said, “I, on behalf of the government and good people of Rivers State, heartily felicitate all Muslim faithful on the occasion of the Eid-el-Maulud celebration, to honour the birth of the Holy Prophet Muhammad, and urge for prayers for the revival and unity of Nigeria.
“The occasion, yet again, provides an opportunity to reflect deeply on the need for greater application of the Prophet’s teachings bordering on piety, charity, patience, resilience, justice and peaceful coexistence,” he added.
Governor Fubara assured the Muslim community in Rivers State, and indeed, all residents of the resolve of his administration to sustain the tempo of providing critical projects and social services to improve the quality of life of the people.