IntroductionON 5th March, 2012, a national newspaper reported that some journalists were arrested and taken to a police station in Lagos on the orders of an Ikeja Magistrate for allegedly conducting themselves in rowdy manners within the court premises. In May, 2010, a journalist with The Guardian Newspaper was reportedly, nearly cited for contempt of court by an Abuja Magistrate Court for allegedly refusing to leave the courtroom when ordered to do so. Reports of media-judicial brushes are becoming common and recurring in different parts of the country. The article examines the complex relationship between the press and the judiciary, and advocates for proper understanding of the laws regulating the two important institutions.BackgroundThe judiciary and the press are institutions built on 'fragile loneliness- neither has the power to execute or legislate, neither has any army, police force or extensive bureaucracy to enforce its ruling or editorial. The judiciary gains vitality from individual judges, the press from individual journalists'. Apart from these features, the press and the judiciary have much more in common ' both work to uphold, among other things, human rights and justice. The judiciary, which is one of the three arms of government, interprets the law while the press is perched outside the government circle as the fourth estate of the realm that educates, entertains and informs.Despite these areas of common interest, there are points of conflicts between the two institutions. The principal area of disagreement is the power of the court to punish for contempt of court. Other areas of interest are judicial interpretation of the scope of freedom of expression, balancing fair hearing and freedom of expression, and harmonizing privacy and freedom of expression.Contempt of courtBlack's Law Dictionary, eight editions, defines contempt of court as a conduct that defies the authority or dignity of a court. The Supreme Court stated in Atake v. Attorney-General of the Federation & Anor (195421NLC,P34) that 'it is indeed difficult to give exact definition of contempt of court because it is so manifold in its aspects, but generally it may be described as any conduct, which tends to bring into disrespect, scorn or disrepute, the authority of judicial officers and administration of the law or which tends to interfere with, and or prejudice litigants and/or their witnesses in the course of litigation'.Contempt of court has also been explained as, 'in court activities tending to disturb the impartial conduct of justice and out of court activities, which tend to scandalise the bench and thus diminish the public respect upon which effective enforcement of judicial decisions ultimately rests'. The purpose of the enforcement of the law of contempt of court is the need to 'protect the dignity of the court or the person of the judge and to prevent undue interference with the administration of justice but not to bolster the power and dignity of the judge as an individual'.The law on contempt of court in Nigeria is derived from the common law. The law is also codified in sections 6 and 133 of the Criminal Code, and in section 155 of the Penal Code. Section 6 of the Criminal Code provides: Nothing in this Act or in the Code shall affect the authority of courts of record to punish a person summarily for the offence commonly known as contempt of court; but so that a person cannot be so punished and also punished under the provisions of the Code for the same act or omission.The provision empowers the court not only to punish for contempt of court but also to try the offence summarily. Most contempt of court cases in Nigeria are brought under this section because, unlike other provisions on contempt of court, it empowers the courts to try persons summarily for contempt of court. Also, there is no limit to the punishment that can be imposed under the provision, unlike section 133 of the Criminal Code, which provides a maximum of three months imprisonment and section 155 of the Penal Code, which stipulates a maximum of 6 months imprisonment and a fine of up to N20 naira or both.In Rex v Thomas Horatious (6NLR49), a Lagos High Court held that it had the power to punish by summary process any person who publishes a matter, which is calculated to bring the court into contempt and that it cannot be denied that the articles in the instant case contain scandalous reflection upon the integrity of the court and that the publication of those articles constitute a gross contempt of court. The court further held that Thomas Horatius Jackson, using the paper of which he is the editor and the proprietor as instrument sought to persuade the public that no confidence be placed in the court since the judges are afraid to give decisions which might not meet with the approval of the executive. It ordered that Thomas Horatius Jackson be apprehended and committed to the Lagos prison for two months and that he pays 25 pounds as cost of the proceedings.Section 133 (1) (4) (5) and (6) of the Criminal Code that deals specifically with the press provides: (1) Any person who within the premises in which any judicial proceeding is being had or taken or within the premises of same, shows disrespect in speech or manner, to or with reference to such proceeding, or any person before whom such proceeding is being had or taken; or (2) While a judicial proceeding is pending makes use of any speech or writing, misrepresenting such proceeding, or capable of prejudicing any person in favour of or against any party to such proceeding, or calculated to lower the authority of any person before whom such proceeding is being had or taken; or (3) Publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private; or (4) Commits any other acts of intentional disrespect to any judicial proceeding; or to any person before whom such proceeding is being had or taken, is guilty of a simple offence, and be liable to imprisonment for three months.'To be concluded'Malu is a Legal Practitioner and the Editor- in- Chief of Nigerian Communications Law and Policy Journal.
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