By Emmanuel Emeka Nnamani[1]*
Abstract
In recent times, Nigeria has been plagued by constant disobedience of court orders. It has degenerated to the extent that corporate bodies and individuals now flout and disobey court orders. This no doubt has resulted in lack of trust in the sanctity of the judiciary, incessant abuse and infringement of human rights. This anomaly if not put in check and control could throw Nigeria into a lawless society. This paper therefore appraises the disobedience of court orders in Nigeria; its causes and predisposing factors, its implications and some measures that could be employed in curtailing it. This study suggest an urgent and timely need for a total detachment of the Judiciary from the executive control by making their appointments, remuneration, discipline and dismissal independent. A law that will make and provide for stiffer punishment for disobedience of court orders should be enacted and implemented strictly. A transparent electoral process is also advocated so that the citizens could easily remove a leader that has proven to be dissidents to court orders. Immunity clause in the constitution should be amended to accommodate the trial of a President or Governor who disobey court orders while his tenure subsists. Activism both in the bar and the bench is also advocated.
1.0 Introduction
Disobedience of court order in Nigeria is an issue that has become a recurring phenomenon. This anomaly is more less becoming a culture in Nigeria. There are records and instances of disobedience of court order on regular basis. This problem if not put in check may soon throw Nigeria into a lawless society, where rule of law and enforcement of human rights become a mirage. Dada has stated that the problem of disobedience of court orders in Nigeria has tasked the intellectual energy of learned authors.[2] It is therefore disheartening to discover that executives flout the law and disregard judicial orders.[3] Law and order constitute the foundation of all civil Societies; without order, there can be no peace, no justice, and no society at all.[4] We need the law to establish and preserve order.[5] Therefore, the exercise of governmental powers should be conditioned by law.[6] Section 1 of the 1999 Constitution of the Federal Republic of Nigeria, professes its supremacy and authority over all persons.[7] The problem in Nigeria is that executives and public officers act as if they are not subject to the law. There is no way there can be rule of law and respect of human rights where there is incessant and recurring disobedience of lawful court orders by the Executive arm of government.
2.0 The Conceptual Understanding of Disobedience of Court Order
Disobedience of court order can generally be viewed to mean an act or conduct which contravenes court’s decision over a subject matter. Court order has variously been defined. According to Black’s Law Dictionary[8], a court order is
a written direction or command delivered by a court or judge; it is also the mandate or determination of the court upon some subsidiary or collateral matter arising in an action, not disposing of the merits, but adjudicating a preliminary point or directing some steps in the proceedings.
It may mean a command or direction. It may be an order restraining a person from carrying out an action, or compelling a person to carry out a certain act. On the other hand, disobedience has been explained to mean the failure and refusal to obey’.[9] From the forgoing, it suffices to say that disobedience of court order is the failure, refusal or neglect to obey court directions or order even where the rule of law may be jeopardised or even where fundamental human rights of the citizen may be trampled upon by such refusal or neglect. Court orders come in different ways and forms, it can be an order for a suspect to be released from prison; or Interlocutory order which is in intended to dispose of issues in the course of proceedings or Final order which disposes of the rights and liabilities of the parties finally in a suit e.tc. Disobedience of court order is what is alternatively or technically referred to as contempt of court.
3.0 Events in Recent Times
In Nigeria, the rate at which court orders are being disobeyed and flouted is becoming outrageous. This state is inimical to democratic tenets and principles, which should not be in a democratic dispensation as ours. There cannot be respect for human rights and rule of law in a country where disobedience of court orders thrive. The Constitution is the supreme law in Nigeria and the source from which every other law derives its validity.[10] It is binding on all branches of government. It requires that that every actions of the government, individual and corporate bodies, must be subject and in line with the provisions of the constitution and the rule of law which the constitution represents. Unfortunately, the executive regularly disobey and flout lawful court orders. Sometimes they choose which order to comply with and the one not to comply with. The executive most times neglect to obey and follow the due process of law. An instance is the disobedience of court orders, ordering the release of some citizens in Nigeria.[11] Dada has averred that ‘often the government chooses the orders to obey. It obeys those it is comfortable with and disobeys those in conflict with its interests, without regard to the individuals whose rights have been violated’.[12] The point which the executive arm seems to have forgotten is that no one is above the law. Denning, once remarked that: ‘Be you ever so high, the law is above you’.[13]
4.0 The Attitude of the Executive Arm of Government to Court Orders
There is enormous hope placed on the courts as an impartial arbiter. This hope flows from the respect, sanctity and integrity which the people have on the courts. One of the major ways by which the hopes on the judiciary may be undermined is the flagrant and incessant disobedience of court orders by the Executive arm of government. The increasing flagrant disregard for lawful court orders in Nigeria especially in this current administration is one that portends a great danger to our democracy. The Judiciary as an arm of Government needs the cooperation of the executive and the legislative arm of government for there to be smooth governance. However, where any of the arms fails to give the expected support, by disobeying court order, the arena of governance will only invite chaos to the fore. The Nigerian Democracy has several times suffered disrespect to the judicial arm. Most worrisome is the fact that heads of the executive arm have been notorious for this act. This no doubt portends far reaching consequences on the country’s global outlook. The President heads the Executive arm at the National level or the Federation as a whole just as the Governor is the head of the executive arm of Government at the state level. The powers of the Executive Arm of government are envisaged by the Constitution. Section 5 of the Constitution[14]
The powers of the Judiciary in deciding matters are clearly and elaborately provided in section 6(1) of the Constitution[15]. The Section provides that ‘The judiciary power of the Federation shall be vested in the court to which this section relates, being established for the Federation’. Section 6(6) also outlines the matters to which the judicial power relates to includes all form of disputes.
It further provides that the judicial power vested in accordance with the foregoing provision of this section –
(a) Shall extend, notwithstanding anything to the contrary in this constitution, to all inherent powers and sanctions of a court of law
(b) Shall extend, to all matters between persons, or between government or authority and to any person in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil right and obligation of that person.
There is no doubt that court orders and decisions are binding on all persons. Section 287 of the constitution[16] provides that:
(1) the decisions of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons, and by Courts with subordinate jurisdiction to that of the Supreme Court.
(2) The decisions of the Court of Appeal shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the court of Appeal.
(3) The decisions of the Federal High Court, a High Court and of all other courts established by this Constitution shall be enforced in any part of the Federation by all authorities and persons, and by other courts of law with subordinate jurisdiction to that of the Federal High Court, a High Court and those other courts, respectively.
To ensure that the law applies to everybody irrespective of status or position, section 1(1) of the Constitution provides thus: ‘This constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria’.
As one charged with the responsibility of implementing the law (the Executive Arm), it is required that the President or Governor does everything in his capacity as provided by the law to ensure that the laws are obeyed. However, recent events show that the Executive have been found wanting with respect to obeying court orders. The flagrant disobedience of court order is manifest in the arrest and continued detention of some individuals despite the noble order of the court.
In All Progressive Congress & 2 Ors v Hon Danladi Idris Karfi & 2 Ors[17], the Apex Court stated that ‘laws are made to be obeyed. All persons and authorities including political parties must obey the laws of the land. In other words, the law is no respecter of any person…’
The Supreme Court in Luois B Ezekiel Hart v Chief George I Ezekiel Hart[18], noted thus:
It is contempt to disobey a judgment or order…,to allow Court orders to be disobeyed would be to tread the road toward anarchy. If orders of the Court can be treated with disrespect, the whole administration of justice is brought into scorn …. If the remedies that the Courts grant to correct… wrongs can be ignored, then there will be nothing left for each person but to take the law into his own hands. Loss of respect for the Courts will quickly result into the destruction of our society.
In Peoples Democratic Party v Independent National Electoral Commission[19] the court stated that ‘ an order or judgment of court, no matter the fundamental vice that afflicts it, remains legally binding and valid until set aside by due process of law’
Similarly, it has been explained thus:
An order of court must be obeyed, even if such an order is perverse, until such a time that the order is set aside by a competent court. The Executive, the legislature and the judiciary are partners in the due governance of the country, each performing its functions clearly defined by the constitution of the land. A flagrant flouting of an order of the court by the Executive is an invitation to anarchy…[20]
Mr. Femi Falana, SAN, in criticizing the continued disregard for court orders by the current administration stated that the government is ‘a neo-colonial regime which has contempt for the Nigerian judiciary and the people. The regime has continued to treat court orders with disdain.’[21]
5.0 Predisposing Factors of Disobedience of Court Order in Nigeria.
The recent increase of disobedience of court order in Nigeria by the Executive can be attributed to the following factors namely:
5.01 Lack of Independence of the Judiciary
The lack of independence of judiciary has been one of the major causes of disobedience of court order in Nigeria. Judicial independence is the ability of the judicial arm to pronounce upon issues and give binding decisions free of undue pressure from outside sources, especially the executive and legislative branches of the government.[22] Thus, the absence of independence of judiciary in terms of appointment, remuneration, disciplinary and dismissal has been the major cause for the increasing disobedience of court order.
5.02 Corruption
![](https://legaldeskng.com/wp-content/uploads/2024/08/LegaldeskNG-WhatsApp-Channels.jpg")
The continuous increase of corruption in the nation’s polity is one of the key causes of disobedience of court orders in Nigeria. Corruption ‘consists of a range of antisocial practices, from bribery to embezzlement to theft of all sizes, which, occurs when public officials use their public offices for personal gains’.[23] The corrupt nature of some judges therefore gives the executive the leeway to disobey court orders.
5.03 Partisan Politics
The political or party affiliations of the Executive, legislature and the Judiciary have been one of the reasons why there has been increase in disobedience of court order in Nigeria. ‘Members of the executive, legislature and judiciary are usually united by common party membership. This breeds favouritism and bias in the long run’.[24] Most people would not regard one as obliged to obey an order if the threatened harm for disobedience was, according to common judgment, trivial in comparison to the negative effects of compliance.[25] At the end of the day, obeying or disobeying a court order is about weighing the consequences and their probabilities.[26]
5.04 Immunity Provisions
The immunity enjoyed by some members of the Executives Arm of government is one of the contributories to disobedience of court order in Nigeria. Immunity is of great antiquity with origins from England being a common-law principle.[27] Immunity protects some office holders from liability that would otherwise have been imposed. It eliminates or postpones a person’s ability to advance a legal claim against the immune for wrongful action.[28] The recent increase in disobedience could be attributed to the immunity enjoyed by some of these office holders.
6.0 The Implications of Disobedience of Court Order in Nigeria.
Disobedience of court orders has far reaching consequences on our political and corporate existence as a country. It has been stated that leadership according to the law, independence of the Judiciary and absence of arbitrary power constitute pre-conditions for the growth and development of a nation.[29] Where these are lacking, there can be no growth or development.[30] The effects of executive disobedience of court order have been explained by various jurists. The learned Oputa J (as he then was) in Ekeocha v Civil Revenue Commission of Imo State & Another[31] noted that ‘it is in the general interest of the country that the law be supreme’. In Pheko and Others v Ekurhuleni Metropolitan Municipality[32], the court stated thus:
the rule of law, a foundational value of the Constitution, requires that the dignity and authority of the courts be upheld. This is crucial, as the capacity of the courts to carry out their functions depends upon it. As the Constitution commands, orders and decisions issued by a court bind all persons to whom and organs of state to which they apply, Disobedience to court would render the judicial authority a mere mockery… the effectiveness of court orders or decisions is substantially determined by the assurance that they will be enforced.[33]
In addition to these general consequences, there is an impact which disobedience of court order has on the society. The society may most likely tilt into a state of anarchy. In Ibrahim v Emein[34], the court stated thus:
I am of the firm view that for a nation such as ours, to have stability and respect for democracy, obviously rule of law must be allowed to follow its normal course unencumbered. If for any reason, the executive arm of government refuses to comply with court orders, I am afraid that arm is promoting anarchy and executive indiscipline capable of wrecking the organic framework of the society. The Corporate existence of Nigeria, it must be admitted postulates the principle of co-operation between the three arms of government (Executive, Legislature, and Judiciary), where these work together in the same framework, then the rule of law shall prevail in that society. But where each selects to work in isolation and or in utter disdain of the other, then havoc wrecks the society.[35]
Apart from the forgoing implications, continuous disobedience of court orders in Nigeria gives the country a bad image in eyes of other Nations. It may also discourage investors from investing in the country as no country or person will like to have its assets in country where court order is not respected. This may also adversely affect the respect and regard which the international communities have on the country. Nigeria as a country should borrow leaf from their counterparts’ countries of Ghana, USA and India. These countries have gone far ahead of us in their development stride as court orders are obeyed there. This should therefore serve an eye opener to the Nigerian government as disobedience of court orders does not helps us in any regard rather we lose in numerous ways as result of that.
7.0 Recommendation
This study recommends that a transparent electoral process should be ensured and promoted. The conduct elections should be free and fair. Equal playing ground should be provided for all political parties. The people should be able to freely choose their leaders irrespective of party, religious, ethnic affiliation and orientation. This would enable the citizens to remove or recall a leader who is found to constantly disobey court orders.
The Judiciary should be made independent in all ramifications. The judiciary should be independent in the nature of their appointments, remuneration, discipline and dismissal. There should be zero tolerance to corruption in the judiciary. The fight and stance against corruption among the judicial officers should be serious such that any judicial officer who found wanting in his allegiance to integrity and justice be dismissed. The fight against corruption in the judiciary should be embracing. It must include all the justices in Nigeria irrespective of the positions. Their condition of service should also be reviewed and improved. It has been said that judges should be free from financial anxieties[36].
Furthermore, the Nigerian Bar Association and other human rights outfits should be more proactive, vibrant and audacious in their stance against disobedience of court order in Nigeria. They should frequently make constructive criticisms against the government in the occasion of disobedience of court in the country. They should also extend it to peaceful demonstration if the need be.
The integrity of judges should also be examined before been appointed. This will enable them to decide cases on their merit, without fear or favour.
In addition to the above suggested measures, immunity clause in the constitution should be amended to accommodate the trial of a President or Governor who disobey court orders while his tenure subsists. The immunity clause should not be removed entirely but rather should be amended to ensure that members of the executive who disobey court orders can be tried and punished while still in office. The trial and consequent punishment of Executive officer of government while still in office is not a distraction to his official duties. This is because it is a primary if not a moral obligation to obey the law which even gave him the foundation for whatever office he may be holding.
8.0 Conclusion
The paper concludes that there is no country that can record an enviable height of economic, political and socio cultural improvement and development where there is incessant and continued disobedience of court order, abuse of human rights and disregard for the rule of law. No nation can attract investments and developments where the rights of their citizens as held by the court are not respected. There is therefore an urgent need to make the judiciary independent in totality. A judge should be subject to nothing but in all cases the law. The integrity of judges should also be tested before their appointment. In addition, those that flout court orders should be tried and punished accordingly so as to serve as a deterrent to others.
*Emmanuel Emeka Nnamani LL.B (Nig) Hons, BL, NYSC Associate at Emeka Etiaba SAN & Co, Abuja, Tel: +234 8106118231; Email: nnamaniemmanuelemeka50@gmail.com
[2]Jacob Abiodun Dada, ‘Impediments to Human Rights Protection in Nigeria’ [2012] (18) Survey of International and Comparative Law 67; P U Umoh, ‘Human Rights in Nigeria: Impediments to Realization’ [1988] (2) University of Uyo Law Journal 41.
[3]Vite Solution, ‘(Nigeria) Executive Disobedience to the Law and its Implication’ [2018]
[4]Russell Kirk, The Roots of American Order ( 4th edn, Wilmington: Intercollegiate Studies Institute 2003) 92.
[5]Bruce P Fronhem, ‘Lawless America: What Happened to the Rule of Law?’ [2010] Ohio Northern University Pettit College of Law Humanitas Law Journal 5.
[6]Elijah Okon John, ‘The Rule of law in Nigeria: Myth or Reality?’ [2011] (4) (1) University of Uyo Journal of politics and Law Department of Philosophy 3.
[7] Constitution of the Federal Republic of Nigeria 1999 (as amended).
[8] Bryan A Garner (ed), Black’s Law Dictionary ( 8th edn, West Publishing Co 2004) 114.
[9] A S Hornby (ed), Oxford Advanced Learners Dictionary ( 8th edn, Oxford University Press 2010) 420.
[10] The Constitution of the Federal Republic of Nigeria, 1999 (as amended), s 1.
[11] Nnamdi Kanu v Federal Government of Nigeria, Ibraheem El-Zakzaky v Department of State Services (DSS), Omoyele Sowore v DSS, Sambo Dasuki v DSS, e.t.c. The court in some occasions ordered the release of these individuals but some of these orders are yet to be obeyed.
[12]Jacob Abiodun Dada, ‘ Judicial Remedies for Human Rights Violations in Nigeria: A critical Appraisal’ [2013] (10) Journal of Law, Policy and Globalization 1.
[13] Gouriet v Union of Post Office Workers and Others [1977].
[14] Constitution of the Federal Republic of Nigeria (CFRN) 1999 (as amended).
[15] The CFRN 1999(as amended).
[16] The CFRN 1999 (as amended).
[17] [2018] 6 NWLR (pt 1616) 479 493 SC; Izeze v INEC [2018] 11 NWLR (pt 1629) 110 SC; Ezim v Menakaya [2018] 9NWLR (pt 1623) 113 SC; NNPC v Samfadek &Sons Ltd [201] 7NWLR (pt 1617) 15.
[18] [1990] NWLR (pt 126) 276.
[19] [2018] 12 NWLR (Pt 1634) 533 540.
[20] Nigerian Army v Mowarin [1992] 4 NWLR (pt 235) 345 .
[21]Ade Adesomoju, Oladimaji Ramon,Ada Wodu and Ted Odogwu, ‘Buhari govt’s refusal to obey court orders lawless – Nigerians’ [ 30 September 2019]
[22]Larry Berman & Bruce Allen Murphy(ed), Approaching Democracy ( London: Pearson 2012) 188.
[23] Naomi Chazan and Others (ed), Politics and Society in Contemporary Africa ( London: Macmillan Publishers Ltd 1999) 187.
[24] U B Ikechukwu, ‘Effecting Checks and Balances of Powers in the Local Government System in
Nigeria’ [2015] (9) (5) Journal of Policy and Development Studies 11.
[25] H L A Hart (ed), the Concept Of Law (London: Oxford University Press 1961) 50.
[26] Manuel D Leal, ‘Why there is Disobedience of Court Orders: Contempt Of Court And Neuroeconomics.’ [2008] (260) Qeensland Law Reporters 1067.
[27] Ese Malemi, The Nigerian Constitutional Law (Lagos: Princeton Publishing Co. 2006) 458.
[28] G Omo Arishe, ‘Reconsidering Executive Immunity under the Nigerian Constitution’ [2007] (10) Nigerian Current Law Review 276.
[29] E Buscaglia, Judicial Corruption in Developing Countries: Its Causes and Economic Consequences (Stanford: Hoover Institution Press 1999) 34.
[30] G E Caiden, Dealing With Administrative Corruption Handbook of Administrative Ethics (T L Cooper ed, New York: Marcel Dekker 2001) 455.
[31] [1981] 1 NCLR 154 165.
[32] [2015] ZACC 10.
[33] Ibid 12.
[34] [1996] 2 NWLR (pt 430) 322.
[35] Ibid 337.
[36] Shimoh Shetreet, Judges on Trial: A Study of the Appointment and Accountability of the English Judiciary, (Amsterdam: North Holland Publishing Co 1976) 354.
