By Desire Emmanuel
The Nigerian Bar Association (NBA) on Tuesday, March 17, expressed its anger over the action of a judge who allegedly asked a lawyer to kneel down inside court and who also threatened to send the lawyer to prison for contempt.
There were media reports on Monday, March 16, about an incident involving Justice Mohammed Umar of the Federal High Court, Abuja, and a legal practitioner, Mr. Marshall Abubakar, who appeared as lead defence counsel to an activist, Mr. Omoyele Sowore.
According to the reports, the judge, in response to the counsel raising his voice while addressing the court on the suitability of a hearing date, directed the lawyer to step out and kneel down, alongside issuing threats of committal for contempt.
However, speaking on the incident, the NBA said on Tuesday that it viewed the development with utmost seriousness, given its implications for the dignity of the legal profession and the sanctity of the courtroom.
“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.
“The power to punish for contempt is well recognised; however, it is circumscribed by defined legal procedures designed to ensure fairness, objectivity, and respect for the rights and dignity of all persons appearing before the court,” the NBA said.
The association further said that it is not a recognised judicial sanction under the law for a judge to order a legal practitioner or indeed any person whatsoever to kneel in court.
It stated that the dignity of the court must be preserved not only in outcome but also in process, “and this includes the manner in which judicial authority is exercised.
“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 way of conducting proceedings for such allegations,” it stated.
“We reiterate that legal practitioners bear a corresponding duty to conduct themselves with restraint, professionalism and respect for the court at all times. While lawyers are entitled, indeed obligated, to advocate firmly and fearlessly on behalf of their clients, such advocacy must always be exercised within the bounds of courtesy and decorum.
“Disagreements with the court, no matter how strongly felt, must be expressed through proper legal channels and not in a manner that disrupts proceedings or undermines the authority of the court.
“The legal profession thrives on a delicate but essential balance, one rooted in mutual respect between the Bar and the Bench. This relationship is fundamental to the administration of justice and must be jealously guarded.
“The NBA calls for calm and restraint on all sides and urges that any grievances arising from courtroom incidents be addressed through appropriate institutional and disciplinary mechanisms.
“Where necessary, the association will engage with relevant authorities to ensure that the rule of law, professional standards, and judicial ethics are upheld,” the statement, signed by its president, Afam Osigwe, added.
