(4) There shall be served with the order (in Form 4 in the Fundamental Rights (Enforcement) Rules) for the
production of the person detained, a notice (in Form 5 in the Fundamental Rights (Enforcement) Rules) stating
the Court or Judge before whom an the date on which the person detained is to be brought.
5. (1) The return to an order for the release of a person detained shall be endorsed on or annexed to the order and
shall
state
all
causes
or
justifications
of
the
detainer
of
the
person
detained.
(2) The return may be amended, or another return substituted therefor by leave of the Court or Judge before
whom the order is returnable.
6. (1) When a return to the order has been made, the return shall first be read in open court and an oral
application then made for discharging or remanding the person detained or amending or quashing the return, and
where that person is brought up in court in accordance with the order his legal representative shall be heard first,
then the legal representative for the Federal Capital Territory, Abuja or for any other official or person detaining
him.
(2) The legal representative for the person detained shall then be heard in reply.
7. An order for the release of a person detained shall be made in clear and simple terms having regard to all the
circumstances.
8. (1) An application for a writ of habeas corpus ad testificandum or of habeas corpus ad respondendum shall be
made on affidavit.
(2) An application for an order to bring up a prisoner, otherwise than by writ of habeas corpus, to give evidence
in any cause or matter, civil or criminal, before any court, tribunal or Justice, shall be made on affidavit.
9. A writ of habeas corpus shall be in Forms 94, 95 or 96 in the Appendix to these Rules, whichever is
appropriate.
Order 42
Committal for Contempt of Court
1. (1) The power of the Court to punish for contempt of court may be exercised by an order of committal.
(2) An order of committal may be made by the Court where contempt of court is committed(a) in connection with(i) any proceedings before the Court,
(ii) criminal proceedings,
(iii) proceedings in an inferior court;
(b) in the face of the Court or consists of disobedience to an order of the Court or a breach of an undertaking to
the Court; or
(c) otherwise than in connection with any proceedings.
2. (1) An application for an order of committal shall be made to the Court by motion on notice supported by an
affidavit and shall state the grounds of the application.
(2) The notice of motion, affidavit and grounds shall be served personally on the person sought to be committed
but the Court may dispense with personal service where the justice of the case so demands.
3. Nothing in rules 1 and 2 of this Order shall be taken as affecting the power of the Court to make an order of
committal of its own motion against a person guilty of contempt of court.