KALGO, J.S.C. (Delivering the Leading Judgment): The only substantive issue to be determined in this appeal is this: when a court is faced with contempt ex facie curiae and a challenge to its jurisdiction, which of them is the court bound to deal with first?
Before considering this issue, let me set out or recall briefly, the facts giving rise to this appeal.
The appellant was at the material time, the Managing Director of Nigerian Deposit Insurance Corporation (NDIC) a Federal Government Corporation involved with the implementation of the provisions of the Failed Bank (Recovery of Debts) and Financial Malpractices in Banks Decree No. 18 of 1994 as amended. One Clement Udemezue a Manager of African Continental Bank Nassarawa-Eggon Branch was arrested and detained under the Decree and while in detention, the said Udemezue died in a hospital in Jos. Thereafter, precisely on 30th June, 1998, the respondent who was counsel to the deceased Manager, wrote to the Lagos State Attorney-Genera…