CONTEMPT of court is a serious offence if seen from the prism of its capabilities to weaken the judiciary and minimise its abilities to deliver justice to all parties without fear or favour.

When a party in a contempt case is prominent, it draws attention. The Edo State Attorney General and Commissioner for Justice Dr. Osagie Obayuwana, was in the news recently on a contempt charge.

A judge would usually accept apologies of the “offender,” who as practice demands would state his respect for the judiciary, explain the infraction and seek the judge’s understanding. A serving Attorney General and Commissioner for Justice, is by that position a senior member of the “judicial process,” in his State, and nationally. Judges would accord him respect for his office. Matters were different in this instance.

Dr. Obayuwana came to court as part of the respect for the judiciary. Justice Adamu Hobon of the Federal High Court in Benin sent him to jail for the state government’s disobedience of an order asking it to hand over Bendel Breweries to a private investor. The legal tangle is over nine years old. Government failed to obey an order in favour of the private investor. The present government came into office only in 2009.

None of these would excuse disobedience of a court order. Governments inherit assets and liabilities of their predecessors and they must service them. It is however disturbing if Obayuwana was hurled into jail without being served “forms 48 and 49,” the legal documents that detail the consequences for disobedience of court order. It is a legal provision for pressing the contempt of court charge. The state government claims Obayuwana was not served.

Justice Hobon may be criticised for high handedness, but if the point is taken that nobody is above the law, then Obayuwana’s status becomes immaterial before the law. What should be of concern is if due process was not followed in punishing him.

Governments are notorious for scant respect for court orders. It is almost inconceivable for individuals and organisations to win cases against governments. In the rare instances of such victory, governments drag their feet in honouring the judgement.

Justice Hobon’s decisions state the obvious – nobody is above the law. Last July  he awarded damages of N12 million against Mrs. Endurance Odubu, wife of the Deputy Governor of Edo State for ordering the torture of Captain Olorunduyilemi Stephen, an officer with the 4th  Brigade of the Nigerian Army, whose vehicle did not get off the road quickly at the blare of Mrs. Odubu’s siren.

Protests over Obayuwana’s imprisonment underline the Nigerian tendency to place privileges above the law. Justice Hobon deserves commendation for being different.