IN THE STUDENT UNION, STUDENTS’ JUDICIAL COUNCIL,

ADEKUNLE AJASIN UNIVERSITY

HOLDEN AT AKUNGBA AKOKO

Suit No: SJC/A/001

Motion No: SJC/A/001/02

Before their Lordships:

Honorable Justice David Oluwapelumi Adenegan (Chief Judge)

Honorable Justice Akinyemi Opemiposi Israel

Honorable Justice Elebute Aanuoluwapo Peter

Honorable Justice Akinremi Samuel

Honorable Justice Arogbokun Femi

RULING

INTRODUCTION.

This is the ruling of this Honorable court on the violation of the interim order of the court in the suit SJC/A/001 in the motion no. 1 which was an interim order of this Honorable Court halting the inauguration of the members of the Body of Justices by the President, Amos Adelaju, and the Honorable Attorney-General of the society. This order was issued and served on the parties to this matter of which evidence and proof of service was exhibited in the records of the court on the 15^th of June, 2023

ISSUE FOR DETERMINATION:

Whether or not this Honorable Court should punish the persons whose name and Matriculation number appears on the notice of summon for contempt of court.

RATIO:

The basis for court orders are multifarious and innumerable. The importance of a judicial system for the remedying of wrongs is not a question and should not be a question because the importance is as obvious as a full-moon in the dark night. Law and orderliness are achieved through the instrumentality of court, hence Dr Harbuk Hanson in his work once said: “The Magistrates and Judges are Twin younger brothers to Jesus Christ fathered by the Almighty.”

Therefore, the courts of law are established established to guard jealously against the breach of civil rights of every citizen which they share either individually or jointly with their fellow men. See Mekwenye v. Carnation Registrars Limited (2021) 15 NWLR (Pt. 1798) 1 at p.44 per Jemu JCA, paras C-E

Just as the importance of court is an answered question, the need to obey court orders is also is settled matter because this is the pillar upon which rule of law rests. In fact this is the foundation and pillars of a democratic society.  A notable characteristic of a healthy society is the respect for rule of law. One notable pronouncement of the Supreme Court which I must not but duplicate in this ruling is the pronouncement of my learned-brothers in the case of Military Governor of Lagos State v. Ojukwu (1986) 1 NWLR (pt. 18) 621 where the court held as follows:

“I think it is a very serious matter for anyone to flout a positive order of a court and proceed to taunt the Court by seeking a remedy in a higher court while still in contempt of the lower court. It is more serious when the act of flouting the order of the court, the contempt of the court, is by the Executive.  Under the Constitution of the Federal Republic of Nigeria….. the Executive, the Legislature and the Judiciary are equal partners in the running of a successful government..one must not exist in sabotage of the other else there is chaos. I think for one organ, and more especially the Executive which holds all the physical powers , to put up itself in sabotage or deliberate contempt of the other is to stage an executive subversion of the Constitution it is to uphold. Executive lawlessness is tantamount to a violation of the constitution”.

Disobedience to orders of court is an uncivilized, unconscionable and utmost level of disrespect to the rights of the inhabitants of the society.  When Court orders are violated, the departed soul of Judges mourns from their grave and the only cry they make is: “restore sanity, our learned-brothers.” Flouting of court order is a very grievous offence as it goes to the foundation of the very existence of the society. Hence, our courts have always described all violations of court orders in the harshest tone. The disobedience to court order is so serious that the court should not  allow it to unpunished. This is because if such matters are treated with levity or handled with kid-gloves could lead to a complete upheaval of the entire judicial system and the essence of rule of law. See Onwudu v Mokwe (1999) 1 NWLR (pt. 585) 146; Odu v Jolaoso Ors. (2002) LPELR -6008 (CA) Per Akintan JCA; Odogwu v Odogwu (1992) 2 NWLR (pt . 225) 539; Mobil Oil(Nig.) Ltd v Assan (1995) 8 NWLR (pt. 412) 129 (Pp. 17-18, paras F-C)

The need to obey court orders is valid notwithstanding whether the order was validly or invalidly issued until such order has been set aside. No matter how ordinary the order seem it remains a valid court order and must be obeyed breach of which the court will not hesitate to punish the persons involved, no matter what status or position they occupy in the society.  A party who knows of an order, whether null or valid, regular or irregular cannot be allowed to disobey it. This is because it is very dangerous for the parties to assume to rule of judge and interpret the validity or otherwise of such order. In fact, it is disdainful, shameless and a show of ultimate ignominy when the parties who have flouted a court order still seek further reliefs before the court thereby aggravating the nature of their offenses. Balonwu v Obi (2007) 5 NWLR (pt. 1028) 488 at 538 Paras CE , 564 -565 Paras B-G; FCDA & ANOR V. KARIPAMO-AGARY (2010) LPELR- 4148 (CA); Rossek v. ACB (1993) 8 NWLR (Pt 312) 382

ORDERS:

In order to restore sanity back into our system, and send a warning across all potential law violators, I made the following order as the court:

1. The First and Second Contemnors, that is Adelaju Amos Olumide (President Law Students’ Society) and Joshua Idowu (Attorney-General Law Students’ Society) should pay a fine of 10,000 naira each and should be payed into the registry of the court within 24 hours.

Dated this…………… day of …………, 20….

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Honorable Justice David O. Adenegan

Chief Judge SJC

………………………………..

Honorable Justice Elebute Aanuoluwapo 

Lord Chancellor SJC

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Honorable Justice Akinyemi Opemiposi Israel   

Registrar SJC

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Honorable Justice Arogbokun Femi Ayomide

Member SJC 

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Honorable Justice Akinremi Samuel

Member SJC