Contempt and perjury as offences against the administration of justice in Nigeria

Abstract

Crimes against the administration of justice impede the government’s ability to carry out the important functions of prosecuting and convicting criminals,  which in turn destroys citizens’ confidence that the Nigerian Legal system is effective in ensuring individual safety and security. Perjury and  contempt are one of such crimes against the administration of justice. While contempt of court is the disobedience of court orders in Nigeria, Perjury, the  crime of lying under oath is an offence that derails the fundamental goal of the justice system. It is a charge often threatened but rarely used. For  there to be a smooth running of government undera democratic dispensation, there must be respect for the judiciary as an institution with full  legal  clothing from the Constitution and other legislative enactments made pursuant thereof. Disregard for the orders and judgment of a court surely does no  good to the rule of law and democratic process; instead anarchy and impunity become the order of the day. This paper examines contempt of court in  Nigeria; it also identifies the common reasons for filing a  contempt of court action. The paper finds that despite the fact that the offence of Perjury and the sanctions for breach of the offence has been clearly spelt out under our criminal law, lawyers have failed to enforce same and as such witnesses and  deponents have intentionally and wilfully continued to base their testimonies on falsehood and lies which have occasioned substantial injustice, resulting  in miscarriages of justice. It is for this reason that this article also analyzes the offence of perjury in Nigeria and United States and further  emphasizes on the need to enforce it for lawyers and the general public.