The Nigerian Bar Association has condemned what it calls a growing pattern of judicial overreach and intimidation of lawyers, following reports of judges ordering the detention of legal practitioners in controversial circumstances in Rivers State and Abuja.
NBA President Mazi Afam Osigwe said the association received reports from a Rivers State High Court in Port Harcourt, where Justice Chinwendu Nwogu allegedly convicted and ordered the detention of defence counsel Mrs Lovinah Ugbana Benjamin for contempt after delivering judgment in Suit No. PHC/301/2016, Bodiseowei Zidougha v. Chief of Naval Staff and others.
According to the NBA, the judge claimed the naval lawyer committed contempt in the face of the court by making false statements and imputations against the court in her written address. The association described the action as high handed and warned that such use of contempt powers undermines the dignity of the profession and the balance between Bench and Bar.
In a separate incident, the NBA said Justice Rita Ofili Ajumogobia of the Federal High Court in Abuja ordered the detention of a legal officer, Martin Anyanwu, in the court’s holding facility on March 25. The association also noted wider reports of lawyers being subjected to degrading treatment in some courtrooms, including being ordered to kneel or face the wall under threat of contempt.
Osigwe stressed that the courtroom must remain a forum of law and reason, not intimidation and fear. He said contempt powers exist to protect the administration of justice, not to punish lawyers for advocacy or perceived criticism, and that criticism expressed in good faith and temperate language does not amount to contempt.
The NBA argued that where misconduct is alleged against a lawyer, the proper channel is to refer the matter to the Legal Practitioners Disciplinary Committee rather than resorting to summary detention. It described the actions in Rivers and Abuja as an abuse of contempt powers driven more by personal affront than by any genuine threat to justice.
As part of its response, the association demanded the immediate release of the detained lawyers and called on the National Judicial Council to investigate the incidents and take appropriate disciplinary action if misconduct is established.
The NBA warned that if Mrs Benjamin is not released within 24 hours, it may direct lawyers to boycott proceedings before Justice Nwogu’s court for seven days. It also instructed the NBA Human Rights Institute to monitor the situation closely, liaise with relevant authorities and take all necessary steps to protect the affected lawyers’ fundamental rights.
Reaffirming its commitment to the rule of law, the association said it will engage judicial authorities to address what it described as an emerging pattern of judicial intolerance and to reinforce standards of judicial conduct. It emphasised that the justice system depends on a partnership between Bench and Bar built on mutual respect, restraint and a shared commitment to the rule of law, not on fear.
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