The
distinguishing hallmark of a democracy is the pre-eminence of the rule
of law. In the pristine practice of democracy,the rule of law reigns
supreme law and serves as the beacon or bastion of activities by the
government and the governed. There is simply *no room for tyranny,
arbitrariness, despotism and their ilk in whatever guise, form or
tenor.*
In order to promote
rule of law in Nigeria,it is the duty of the judiciary to make
decisions, settle disputes between warring parties,interprete the
constitution and make orders as enshrined in the section 6 generally of
the Constitution of the federal republic of Nigeria.
To
ensure that there is obedience to court orders,it is provided in the
constitution that the decision of the supreme court shall be enforced in
any part of the country by all authorities and persons and by all
inferior courts.
The Courts in plethora of
cases has emphasized on the need to obey court orders both under
military rule and democratic dispensation.
In view of that, the supreme court,Per Uwais,JSC (as he then was) put it thus in Governor of lagos state v. Ojukwu
"
*I think I should stress that it is a matter of grave concern that the
military government of lagos state should be seen to disregard a lawful
order by a court of law. If anyone should be wary of orders of court it
is the authorities: for them, more than anyone else, need the
application of the rule of law in order to govern properly and
effectively."*
Justice Oputa JSC( of blessed memory) in that same case state:
"
*The court system cannot be maintained without the willingness of
parties to abide by the findings and orders of a competent court until
reversed on appeal. This presupposes that no party and no court of
subordinate or even co-ordinate jurisdiction can say:'I do not like the
order made and I will not obey it'. And that is exactly what the Lagos
State government is doing in this case and that posture has to be
condemned in the strongest terms if we are not to say goodbye to the
rule of law.*
Justice Nwodo JCA opined in Kalu v FRN.
*"
In general, orders of a competent court should not be flagrantly
disobeyed. Our nascent democracy and the Constitutional provision
enjoins orders of a court to be respected. This is corrolary to strict
adherence to the rule of law. Obeying of courts orders is not just legal
but also a moral obligation."
Nnaemeka-Agu,JSC in Hart v Hart, had this to say:
"....Disobedience
to an order of court should therefore be seen as an offence directed
not against the personality of the judge who made the order,but as a
calculated act of subversion of the peace,law and order of court is
therefore a duty which every citizen who believes in peace and stability
of the Nigerian state owes to the nation."
In Amaechi v Inec & 2 ors., The court opined that:
"
*Before I close this judgement,it is important that I discuss briefly
the approach of the respondents to this case.The political parties in
Nigeria are the creation of the Constitution. They therefore have an
important stake in flying high and loftily the banner the rule of law.
In this case,the PDP did not live up to that standard. It did everything
possible to subvert the rule of law, frustrate Amaechi and hold the
court before the general public as supine and irrelevant. Sadly INEC and
Omehia also did the same. I am not complaining about the fact that PDP
had followed a wrong approach to substitute one candidate for another.
That may as well be put down to a honest mistake as to approach to be
followed in doing so."*
In view
of the above, it is unfortunate that one of the biggest problems faced
by a successful litigant is the disobedience of court orders and
judgments which is witnessed in the country today.
The
Nigerian Government, its agencies, political parties and even some of
the masses have the effrontery not to obey simple court orders and the
simple reason for this is the difficulty in bringing to effect the
procedure for punishing those offenders.
The
solution to this is embarking on the right procedure for committal for
civil attempts and in view of this, the right procedure is to serve on
the contemptnor Form 48 and Form 49 pursuant to the sheriffs and the
Civil Process Act, the procedure is simple and effective and once it is
followed up diligently, the contemptnor whether a highly placed
government official or a commoner realize the that the game is up and
would take steps to obey the order or judgment or find a way of
resolving the issue.
It is to be
noted that in some cases, it may appear very difficult or extremely
difficult to effect personal service of Forms 48 and 49 respectively on
certain contemptnors such as highly placed government officials such as
IGP, Comptroller Gen. of custom, Ministers or commissioners or other
crafty offenders who will ensure he evades service at all cost.
The
best way to get these individuals is to resort to substituted service.
An application made to court in the usual way for an order of
substituted service, if the Order is granted, the processes will then be
either pasted or published in the newspapers depending on the nature of
Order of substituted service granted.
I
can assure you no prominent government official will want his name to
appear on newspapers with notice of consequences of disobedience of
Court Order; such individual will make amends or find a way to accept
such service to prevent publicity.
See also the case of *A.G Anambra State v. Okeke SC 102/1997.*
In
conclusion, I appeal to all individuals and authorities to always
endeavor to obey court order in order for us to promise rule of law in
the country which the Judiciary are vigorously trying to achieve.
God bless Nigeria!
Toheeb Mustapha Babalola is a pupil of law, a student of faculty of law, Bayero University, Kano.
08106244073
E-mail: toheebmustapha15@gmail.com
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