The Plaintiff in his originating application not only itemized the subject matter of
the proceedings, but also the particular Articles of the Human Rights Instruments
violated and orders sought from the Court. There is nowhere either in the
summary of facts presented, or in the orders sought by the Applicant can an
inference of the Applicant’s case be founded on contempt proceedings be
deciphered.
A contempt proceeding refers generally to a willful disobedience of a Court
Order or any misconduct before a court or action that interferes with the judges’
ability to administer justice or that insults the dignity of the Court. It is a
proceeding commenced by the Court itself against a Party guilty of the
Contemptuous act.
Indeed, contempt proceedings and alleged human rights are two distinct aspects
of law. It appears that the Defendant misread the Applicant’s Application, which
to all intents borders on human rights violations. More so, the Defendant
admitted that the National Court in its decision made an order that the Plaintiff’s
bail, previously granted by the Court has in no way been breached or flouted.
Similarly, it is obvious that the Defendant’s Notice of Preliminary Objection is
built on a misconception of the definition and import of due process.
In other words, the issue of due process canvassed by the Defendant in this
Objection does not relate to this case. The case pending before the National
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