JUDICIAL AUTHORITY AND PROFESSIONAL DIGNITY: RETHINKING THE LIMITS OF CONTEMPT POWERS IN NIGERIAN COURTS

Dauda U. Dewan, PhD(1), Sonia U. Ozigbu, PhD(2),


(1) Nigerian Law School
(2) Nigerian Law School
Corresponding Author

Abstract


The contempt jurisdiction of Nigerian courts has recently attracted significant scholarly and professional attention following reported incidents in which a judicial officer directed a legal practitioner to perform acts of physical submission (kneeling) in open court. This article undertakes a critical doctrinal examination of the legal foundations of contempt powers in Nigeria, interrogating whether such directives find support in statutory law, constitutional provisions, or established jurisprudence. Drawing upon the Criminal Code Act, the Sheriffs and Civil Process Act, the 1999 Constitution, and authoritative decisions of the Supreme Court of Nigeria, the paper argues that while courts possess inherent authority to preserve decorum and enforce compliance, this authority is not unbounded. It must yield to constitutional guarantees of human dignity under section 34 and to procedural safeguards embedded in committal jurisprudence. Through comparative engagement with South African and Indian authorities, the article proposes a normative framework for exercising contempt powers that balances judicial authority with the professional autonomy and constitutional rights of advocates. The conclusion advocates for judicial restraint, clearer procedural guidelines, and renewed dialogue between the Bench and the Bar to safeguard the integrity of Nigeria's justice system. 

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