“The courtroom must remain a forum of law, not intimidation; of reason, not fear,” the Nigerian Bar Association declared in a strongly worded statement issued on March 26, 2026.
The association warned judicial officers against the misuse of contempt powers, cautioning that such authority must not be deployed to intimidate or harass legal practitioners.
The warning followed reports of alleged high-handed conduct by some judges, including incidents where lawyers were detained or subjected to degrading treatment in courtrooms.
In one such case, a lawyer was reportedly ordered to kneel before the court, further heightening concerns about the state of judicial conduct.
According to the NBA, one of the incidents arose from proceedings in a matter before Justice Chinwendu Nwogu of the High Court of Rivers State, where a lawyer representing the defendants was convicted for contempt and remanded.
The association identified the counsel as Mrs. Lovinah Ugbana Benjamin, who was said to have been penalised over alleged statements made in a written address filed before the court.
Similarly, the NBA cited another case involving Justice Rita Ofili-Ajumogobia of the Federal High Court, Abuja, who reportedly ordered the detention of a legal officer, Mr. Martin Anyanwu, in the court’s holding facility.
The association described the developments as disturbing, noting that such actions undermine the dignity of the legal profession and erode the mutual respect expected between the Bench and the Bar.
It stressed that the power to punish for contempt should be exercised strictly within the bounds of the law and not as a tool for personal authority.
“The use of such powers in a manner that humiliates counsel creates fear and weakens confidence in the justice system,” the NBA said.
The statement, jointly signed by the NBA President, Afam Osigwe, and General Secretary, Mobolaji Ojibara, further noted that recent incidents suggest a growing trend of judicial overreach.
The association maintained that not every act of perceived discourtesy by a lawyer amounts to contempt, adding that criticism of judicial conduct, when made in good faith, should not attract punitive measures.
It warned that summary detention of lawyers without recourse to established disciplinary procedures violates principles of fair hearing.
The NBA urged courts to refer alleged misconduct by lawyers to the appropriate disciplinary body rather than resorting to immediate sanctions.
The development has further exposed the widening gap between the Bench and the Bar, with both sides trading blame over perceived lapses within the judiciary.
While judges have raised concerns over attacks on their integrity, lawyers have repeatedly accused some judicial officers of intimidation and abuse of power.
The Chief Judge of the Federal High Court, John Tsoho, had earlier decried persistent criticism of judges by some legal practitioners, particularly on social media.
He described such conduct as unprofessional and damaging to the image of the judiciary.
On her part, the Chief Justice of Nigeria, Kudirat Kekere-Ekun, called for mutual understanding between judges and lawyers, stressing that both remain critical partners in the administration of justice.
She noted that weaknesses on either side could undermine the entire system.
Amid the controversy, the NBA demanded the immediate release of its detained member and called for investigations into the reported incidents.
It also urged the National Judicial Council to take appropriate disciplinary action where necessary.
The association further warned that failure to address the situation could erode confidence in the judiciary and compromise the delivery of justice.
It maintained that while courts possess inherent powers to maintain order, such authority must be exercised with restraint and respect for due process.
The NBA also directed its Human Rights Institute to monitor the situation and engage relevant authorities to ensure the protection of lawyers’ rights.
Meanwhile, activist and former presidential candidate of the African Action Congress, Omoyele Sowore, faulted what he described as inadequate response by the association.
He argued that beyond courtrooms, security agencies also contribute to the intimidation of lawyers, citing alleged harassment by the police and restrictions by the Department of State Services.
Sowore urged the NBA to take more decisive steps beyond issuing statements to address the challenges faced by legal practitioners.
Although judicial authorities are yet to formally respond to the NBA’s position, the development has reignited debate over judicial temperament, the limits of contempt powers, and the need to safeguard the rights of lawyers in the discharge of their duties.
Source: VANGUARD
