…To quash contempt proceeding.
A staff of the Department of State Security Services (DSS) Mrs Monica Uchechi Robinson has asked Court of Appeal Makurdi Division to set aside the decision of high court of Nasarawa State in a suit marked No NSG/MC273/2020 between her and her husband Mr Robinson Chima Robinso delivered on 7th November 2025 for lack of jurisdiction .
Mrs Monica also prayed the appellate Court to quashed the contempt proceedings instituted by her husband Mr Robinson Chima Robinso against her for lack of service of the contempt processes on her before it was granted.
She said in a deposition filed in court that a contempt order was attempt to use the instrument of the Hon. Court to unjustified punish her for filing a substantive suit against the Respondent/Applicant seeking to dissolve marriage.
A marriage dispute between the couple degenerated after the husband relocated abroad without making provisions for the only child of the marriage . The unbearable behavior soon ignited a law suit over the custody of the minor and the upkeep of the child as well as visits arrangements for the husband.
Beside seeking to quash the contempt proceedings, Mrs Monica has also asked the appellate Court to stay further proceedings in the suit marked No NSD/ MG 273/2020 at the trial court pending the determination of the appeal.
She further prayed for an order of the appellate Court restraining her husband together with agents and privies from seeking to execute the arrest pending the determination of the appeal.
The matter had further degenerated as husband failed to honour five consecutive arranged visits after the transfer of his wife to Bayelsa State,. He initiated the contempt proceeding before the High Court sitting in Mararaba and without proof of service of the court processes obtained contempt committal .
Dissatisfied, Mrs. Monica’s new counsel Chukwuma -Machukwu Ume , SAN, filed a six grounds of appeal and asked the appellate Court for an order restraining her husband together with agents and privies from seeking to execute arrest pending the determination of the appeal.
The trial court failed to avert it mind to the fact that an application to commit for civil contempt is in the nature of criminal charge and the rule relating to criminal charges are applicable.
That the court erred in law when it disregards criminal law principle, as it
presumed that service on former counsel suffice when in fact no proper service was served on the Petitioner/Respondent.
The deponent made it clear that there was no affidavit of service or endorsement from officials of the court attesting to service on the Petitioner/Respondent before the trial court.
Petitioner/Respondent further averred that she is not in disobedience to the court orders. She stated that on 4th, March 2025 in obedience of the court order she brought the child to Court as ordered by the court and beared all the expenses amounting to over N500,000,00 Thousand Naira.
The deponent further stated that in January 2024 she contacted Respondent / Applicant to schedule the visit with the child but the Respondent/Applicant demanded that she should bring the child to Owerri instead, without arrangement for logistics and accommodations.
That up till date Petitioner/Respondent has remained responsible for the physical,social and educational catering of the child.
Court documents stated that beside seeking to quash the contempt proceedings, the appeal also asked the appellate Court to stay further proceedings in the suit marked No NSD/ MG 273/2020 at the trial court pending the determination of the appeal.
Mrs Monica is also asking for an order of the appellate Court restraining her husband together with agents and privies from seeking to execute her arrest pending the determination of the appeal.
A 16 paragraphs supporting affidavit of Monica motion on notice deposed to by Abraham Ita Udoh , said the Petitioner /Applicant was not aware of the existent of the contempt proceedings and the court orders untill her new counsel obtained CTC of the order and other processes on the 10 June, 2024.
That the contempt proceedings is not only defective and incompetent but also an attempt to use the instrument of the Hon. Court to unjustified punish the Petitioner/ Respondent for bringing the substantive suit against the Respondent/Applicant.