No judge has power to order lawyer to kneel in court — NBA

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, NBA President, Afam Osigwe, said the association was disturbed by reports that Justice Mohammed Umar allegedly directed a lawyer, Marshall Abubakar, to kneel in the courtroom during proceedings.

The incident reportedly occurred on Monday at the Federal High Court, Abuja, when Abubakar appeared as lead defence counsel for Omoyele Sowore.

According to the NBA, the trial judge allegedly issued the directive after the lawyer raised his voice while addressing the court over the suitability of a hearing date. 

The judge was also said to have threatened committal proceedings for contempt.

The association said it viewed the development with “utmost seriousness,” noting that it had 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 statement read.

The NBA acknowledged that judges possessed powers to punish for contempt but stressed that such powers were guided by clearly defined legal procedures to ensure fairness and respect for the rights and dignity of persons appearing before the court.

It added that directing a lawyer or any other person to kneel in court was not a recognised judicial sanction under Nigerian law and did not align with the standards of judicial conduct expected of members of the bench.

According to the association, the dignity of the court must be preserved not only in its decisions but also in the process by which judicial authority was 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 legal procedure for addressing such allegations, "the NBA said.

The body, however, reminded legal practitioners of their duty to conduct themselves with professionalism, restraint and respect for the court at all times.

It said while lawyers were 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.

The NBA emphasised that the legal profession thrived on mutual respect between the Bar and the Bench, describing the relationship as fundamental to the administration of justice.

The association, therefore, called for calm and restraint, urging that any grievances arising from courtroom incidents be addressed through appropriate institutional and disciplinary mechanisms.

It added that where necessary, the association would engage relevant authorities to ensure that the rule of law, professional standards and judicial ethics were upheld.

Culled from Vanguard