Duty Of Counsel To Court, State, Colleagues, Profession And Contempt Of Court

Question 1

When a name partner is made a judge, what should happen?

Answer 1

Their name should be removed as name partner- rule 5 RPC

Question 2

The case that states the purpose of contempt is….

Answer 2

Parashuram Deteram Shandassi v. King emperor

Question 3

What is the difference between criminal and civil contempt?

Answer 3

Civil contempt refers to disobedience to court orders while criminal contempt refers to words and acts that obstruct the administration of Justice

Question 4

Is civil contempt in facie curiae or ex facie curiae

Answer 4

Civil contempt is usually ex facie curiae eg. Refusing to obey an injunction

Question 5

Is criminal contempt in facie curiae or ex facie curiae

Answer 5

Criminal contempt can be in facie curiae or ex facie curiae

Question 6

What is the difference between the types of contempt and the nature of contempt

Answer 6

The types of contempt refer to civil and criminal contempt. While the nature of contempt refers to contempt being in facie curiae or ex facie curiae

Question 7

What is the standard of proof for contempt?

Answer 7

Contempt is of criminal character and must be proved beyond reasonable doubt

Question 8

Contempt ….. can be tried in front of the judicial officer who it was committed against while for contempt ……. it is advisable not to be tried in the presence of the judicial officer who it was committed against

Answer 8

Contempt in facie curiae can be tried in front of the judicial officer who it was committed against while for contempt ex facie curiae it is advisable not to be tried in the presence of the judicial officer who it was committed against

Question 9

What court has the power to punish contempt?

Answer 9

All superior courts of record can punish contempt

Question 10

What kind of contempt can a magistrate court try?

Answer 10

Contempt in face Currie - the high court has inherent jurisdiction to punish all kinds of contempt

Question 11

What is the punishment for criminal contempt?

Answer 11

The maximum is 3 months under section 133 of the criminal code and 6 months or a 40 naira fine under section 155 of the penal code.

Question 12

What is the punishment for civil contempt?

Answer 12

6 months improsonment - Afe Babalola v. Fedeco