APPRAISING THE REQUIREMENT OF FILING AN APPLICATION OR ORIGINATING SUMMONS IN THE COMMENCEMENT OF CONTEMPT PROCEEDINGS IN NIGERIA

Abstract

Contempt proceedings are extreme measures undertaken by courts to punish parties for
disobeying its judgment or orders, which are not for payment of money. It is a procedure
undertaken to commit the contemnor to prison custody for a stated period, or until he purges
himself of the contempt. The provisions and rules thereof are therefore interpreted strictly since
it touches on the liberty of citizens. The rules for bringing contempt proceeding are however
misunderstood by lawyers as to whether a motion on notice for contempt ought to be filed after
the service of forms 48 and 49. There is also confusing case law. This paper attempts to
elucidate on the procedure for bringing contempt proceedings in Nigeria, to clear the grey
areas, and to recommend improvement on the case law on the subject.