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Contempt Of Court

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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

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City Crime

Prioritise Rivers’ Interest, Fubara Tells RSHA

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Rivers State Governor, Sir Siminalayi Fubara, has said that the other party to the Supreme Court judgment; Rivers State House of Assembly, needed to know that they are also to comply with the ruling, and do so with commitment that prioritises the interest of the State.
The Governor maintained that such resolve must engender collective action towards achieving peace in the State because it serves as the potent medium through which all the arms of Government can function properly while creating public goods that benefit everyone.
Governor Fubara, who spoke at the inauguaration of the 85-year-old Okrika Grammar School in Okrika Local Government Area on Thursday, emphasised that without an enduring peace, sustainable development will be hampered practically, while the sense of security, respect, tolerance, stability, and well-being to pursue goals will suffer.
The Governor said: “Let me thank everyone, and also say this, it is important at this stage that we all embrace peace. The Supreme Court has made its judgment, we don’t have any option than to abide by it.
“And, by the special grace of God, we have started the process. We are appealing to other parties, consider the interest of Rivers State, it is important. The only thing that we owe this State is peace and development. I am open any day, any time for total peace in our State, because if I have to govern well, there is need for peace to prevail.”
Commenting on the project, Governor Fubara recalled how the planning committee of the 20th Anniversary of the Diocese of Okrika Anglican Communion visited, and appealed to him to give the school, dilapidated for a long time, a facelift.
Governor Fubara said he considered their request on the premise of the place the school filled in history and the importance of quality education in addressing some social vices among idle and uneducated youths.
The Governor stated: “I felt the least, as a government, we can do is to uplift the standard of this school. And, it is not out of place, because it is part of our agenda. The key things in this administration’s agenda are healthcare, education and food sufficiency (agriculture).
“So, we immediately keyed into it, and to the glory of God, we are here today to unveil one of the things that we have done, even in the face of these situations confronting our administration, which we didn’t bring upon ourselves. But we give God all the glory.”
Governor Fubara assured the Anglican Church that whatever that is remaining, within the scope of what has been approved in the institution, will be completed, stressing that education has remained the bedrock of development in any society.
He added that if the key ingredients (facilities) to boost education are properly managed, crime will be reduced drastically, saying: “So, I believe that when all the facilities put in place in this school are put into full use, the level of crime, the level of criminality would definitely reduce, not just in Okrika but other neighbouring communities that will benefit from this school.
“I want to assure you that we will continue to do our best because the interest of our State is the most important thing to us. This school is being managed by the church. I believe the church would protect every facility that we have put in this place. The church should see the facility as its own. As a matter of fact, the school belongs to the church, it is not government anymore. What government is doing today is to compliment their effort.”
The Rivers State Governor assured the leadership of the Anglican Church in the area that he will send experts to assess the shore protection concerns expressed by the Bishop, and see what can be done to safeguard the surrounding land of the school from being washed away.
Governor Fubara also challenged the Old Boys of the school to be bold and courageous to take up some strategic projects, especially those they had listed in their address, including establishing a centre for computer-based examinations for external examinations.
Providing the project description, Rivers State Commissioner for Education, Dr Ovy Orluideye Chukwuma, pointed to the massive remodelling and reconstruction work achieved, which has restored the cherished glory of Okrika Grammar School to confirm the commitment of Governor Fubara to quality education of children.
He said, “The construction and equipping of Okrika Grammar School, Okrika in Okrika Local Government Area of Rivers State was awarded in April, 2024 to various contractors, and was duly funded to completion by the Rivers State Government under the administration of Sir Siminalayi Fubara.
“The project consists of an Administrative Block, 24 Classroom Blocks, Laboratory, ICT Library Block, Assembly Hall, 100-bed Male Hostel, 100-bed Female Hostel, Kitchen and Dinning Hall, Matron’s Quarters and Sickbay, Principal’s Quarters, Senior Staff Quarters, Junior Staff Quarters, perimeter fencing, gate, generator house and power supply with extension of electricity, including solar-powered streetlights.
“There are also Vice Principal’s Quarters, sports facilities such as lawn tennis, basketball and school field. Revamping for facelift some of the old buildings such as the old dinning hall, repainting of various old structures and buildings within the premises.”
Dr Chukwuma also said: “There is road network and landscaping of about 1.8kilometers with 1.5kilometer drainage, interlocking connecting buildings, completed road pavements and parking lots, water supply to all the buildings within the compound.
“There is also furnishing and equipping of the entire 14 structures with standard students’ desks, hostel beds, quality and standard furniture, electronics such as 86 air conditioning, both inverter and 1.5 horsepower and 75 smart television sets, 60 computer sets and standard science laboratory.”
In her welcome address, Head of Local Government Administration, Okrika Local Government Area, Mrs Obianime Appollos, said the Okrika Grammar School in Okrika, established in 1940, had remained an iconic institution known for academic excellence, and thanked Governor Fubara for remodelling structures and restoring the status of the institution after years of neglect of all facilities, which demonstrates his commitment to providing quality education, investment in the future of Rivers children and improving the well-being of the people.
Speaking for the Old Boys Association, Mr Golden Iruayenama, said the years of neglect and dilapidation of structures at Okrika Grammar School were worrisome with promises to fix them never materialized until Governor Fubara changed the narrative.
Also speaking, Bishop of Diocese of Okrika Anglican Communion, Rt. Rev. Enoch Atuboyedia, said it will be remembered that it was when the school attained 85 years of existence that Governor Fubara, magnanimously remodelled and resuscitated Okrika Grammar School to help the shaping of the future of Rivers children, educationally.

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City Crime

Abductors Of Katsina Qur’anic Recitation Winner Demand N30m Ransom

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Gunmen, who recently abducted the winner of the National Qur’anic Recitation Competition, Abdulsalam Rabi’u are demanding the sum of N30million ransom as condition for his release.
The Tide’s source recalled that the criminal elements had on Tuesday kidnapped Rabi’u along with his father and brothers near Labin Bangori in Katsina State.
Rabi’u, an indigene of Katsina State and a medical student at Ahmadu Bello University, ABU, Zaria emerged winner of the competition, Hizb 60 with Tajweed, earlier held in Kebbi State.
He was kidnapped after Governor Dikko Umar Radda invited him and his father to the Government House for a special recognition ceremony.
The gunmen reportedly picked Rabi’u alongside his father and other members of his family while returning home after the ceremony.

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S’Korean Airplane Catches Fire … 176 Passengers evacuate

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Report has indicated that the tail of a passenger aircraft caught fire at an international airport in South Korea on Tuesday, forcing the evacuation of 176 people on board,
The Air Busan plane bound for Hong Kong from Gimhae International Airport in southeastern Busan caught fire at around 10:30 pm local time (1330 GMT), the report had indicated.
A total of 169 passengers and seven flight attendants were evacuated down inflatable slides, the report said, but did not give information about the cause of the fire.
It stated that one person was injured during the incident, but gave no further details, except that Busan’s fire authorities were not immediately available for comment when contacted.
South Korea suffered its worst aviation disaster on its soil last month when a Jeju Air Boeing 737-800, flying from Thailand to Muan on December 29, crash-landed and exploded into a fireball after slamming into a concrete barrier.
That crash killed 179 of the 181 passengers and crew members on board.
Flightradar24 lists Air Busan’s fleet as consisting entirely of Airbus aircraft.
Corlins Walter
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