CONTEMPT OF COURT Flashcards
Types of Contempt?
-Criminal Contempt-Ex Facie & In Facie
-Civil Contempt-In Facie Curiae
What is Criminal Contempt?
Criminal contempt, is regarded as consisting of words or acts obstructing, or tending to obstruct or interfere with the administration of justice
What is Civil Contempt?
Civil contempt is regarded as consisting of disobedience to the judgments, orders or other processes of the court, and involving a private injury.
What happens when a contempt is committed ex facie?(criminal)?
It must be investigated by the police & cannot be summarily.
Proof of contempt?
Beyond reasonable doubt
Awobokun v. Adeyemi
Procedure for Civil Contempt Ex Facie Curiae?
- Issue FORM 48-Notice of disobedience of court order.
After 2 days and no action is taken by the contemptor, issue FORM 49-To show cause why contempt should be entered into for him.
Punishment for Contempt?
- May be pardoned where the court is of the opinion that it was not intentional
- May be pardoned the individual where he purges himself.
- Criminal Contempt-3 months
- Civil Contempt-6 months HALSBURY LAWS