*Insists No Judge Has Power To Do So
THE Nigerian Bar Association (NBA) has expressed concern over reports of an incident involving a Federal High Court Judge in Abuja and a defence lawyer, insisting that no Judge has the power under Nigerian law to order a legal practitioner to kneel in court.
In a statement on Tuesday, March 17, NBA President, Afam Osigwe, said the association was disturbed by reports that Justice Mohammed Umar ordered a lawyer, Marshall Abubakar, to kneel in the courtroom during proceedings on Monday when Abubakar appeared as lead defence Counsel for activist and publisher of SaharaReporters, Omoyele Sowore.
The Judge had threatened to commit Abubakar to prison over alleged contempt after the Counsel raised his voice during court proceedings.
Sowore is standing trial on a two-count charge preferred against him by the Department of State Services (DSS), following his August 25 post on X, described President Bola Tinubu as a “criminal” while reacting to the President’s remarks on corruption during a trip to Brazil.
At the resumed court sitting on Monday, Akinlolu Kehinde, Counsel to the DSS, closed the prosecution’s case, presenting only one witness, who was later cross-examined by Sowore’s Counsel.
During proceedings, the trial Judge asked the lawyer to open their defence, but Abubakar responded that the defendant would file a no-case submission and proposed that the court should adjourn to a date in July.
However, the DSS Counsel objected, arguing that it was part of the defence’s dilatory tactics intended to further delay proceedings and there was nothing stopping the case from being heard on a daily basis.
Responding, the presiding Judge said the prosecution conducted its case promptly, while the defence took four days to cross-examine the prosecution’s only witness and directed the parties to return on April 13 for the adoption of their final written addresses in respect of the no-case submission.
While Sowore was addressing the Judge from the witness box on how the proposed date might clash with the primaries of his party, African Action Congress (AAC), his lawyer was also making a submission on the same matter, saying: “This court belongs to all of us. This court is not for some people alone. It belongs to all of us.”
Displeased with the lawyer’s comment, the Judge warned that there will be consequences if he shouts in his court again, adding: “If you shout in this court again, I will commit you for contempt.
“In fact, come here! Come and kneel down here,” pointing to a spot in front of the courtroom.
However, the prosecuting Counsel pleaded with the Judge to forgive the lawyer, after which the case was adjourned until April 13.
NBA, in its reaction, said it viewed the development with “utmost seriousness,” and that it has implications for the dignity of the legal profession and the sanctity of the courtroom.
It stated: “The courtroom is a temple of justice, governed by law, procedure and decorum. While judges are vested with the authority to maintain order and discipline in their courts, such authority must be exercised strictly within the bounds of the law and established judicial standards.”
While acknowledging that Judges possess powers to punish for contempt, it stressed that such powers are guided by clearly defined legal procedures aimed at ensuring fairness and respect for the rights and dignity of persons appearing before the court.
The Association stressed that directing a lawyer or any other person to kneel in court is not a recognised judicial sanction under Nigerian law and does not align with the standards of judicial conduct expected of members of the bench.
It stated that the dignity of the court must be preserved not only in its decisions, but also in the process by which judicial authority is exercised, adding: “If a Judge is of the view that a person has acted in a manner that is contemptuous of the court, the judge must follow the accepted legal procedure for addressing such allegations.,”
NBA, however, reminded legal practitioners of their duty to conduct themselves with professionalism, restraint and respect for the court at all times, noting that while lawyers are expected to advocate firmly and fearlessly on behalf of their clients, such advocacy must be carried out within the bounds of courtesy and courtroom decorum.
It stressed that the legal profession thrives on mutual respect between the Bar and the Bench, describing the relationship as fundamental to the administration of justice; hence it called for calm and restraint, urging that any grievances arising from courtroom incidents be addressed through appropriate institutional and disciplinary mechanisms.
The Association said where necessary, it would engage relevant authorities to ensure that the rule of law, professional standards and judicial ethics are upheld.
