The Nigerian Bar Association has raised concern over what it described as increasing cases of judicial intimidation, warning judges against the misuse of contempt powers to harass legal practitioners.
In a statement issued on Thursday and signed by its President, Afam Osigwe (SAN), and General Secretary, Mobolaji Ojibara, the association condemned reported incidents involving the detention and alleged mistreatment of lawyers in courtrooms.
According to the NBA, it received reports of unlawful detention of lawyers in separate incidents in Rivers State and Abuja, warning that such actions could undermine the administration of justice.
“These reports are not only frightening but appear to show an increasing intolerance and abuse of judicial powers by some judges,” the statement said.
The association cited a case before the Rivers State High Court, where a defence counsel, Mrs. Lovinah Benjamin, was reportedly detained for contempt after judgment in a suit involving the Chief of Naval Staff.
It also referenced another incident involving Justice Rita Ofili-Ajumogobia of the Federal High Court, Abuja, who allegedly ordered the detention of a legal officer, Martin Anyanwu, in a court facility.
The NBA further alleged that some lawyers had been subjected to degrading treatment in courtrooms, including being ordered to kneel or face the wall under threat of contempt.
“These actions are not only unfair but exceedingly high-handed and contrary to the principles guiding the use of contempt powers,” it stated.
The association stressed that contempt powers should be used sparingly and only in situations where the administration of justice is under immediate threat.
“The power to punish for contempt is an extraordinary jurisdiction that must be exercised with restraint. It exists to protect the court, not to intimidate or silence counsel,” the NBA said.
It added that criticism of judicial conduct does not amount to contempt, provided it is made in good faith.
“It is not contempt of court to criticise the conduct of a judge, even if strongly worded, as long as it is fair and made in good faith,” the statement noted.
The NBA maintained that cases involving alleged misconduct by lawyers should be referred to the Legal Practitioners Disciplinary Committee rather than handled through summary punishment.
“A legal practitioner is entitled to represent a client fearlessly. Where misconduct is suspected, the proper course is referral to the appropriate disciplinary body, not immediate punitive action,” it said.
The association demanded the immediate release of affected lawyers and called on the Chief Judge of Rivers State to investigate the incident involving Justice Chinwendu Nwogu.
It also urged the National Judicial Council to take disciplinary measures where necessary.
The NBA warned that its branches in Port Harcourt and surrounding areas would boycott proceedings in the affected court if the detained lawyer was not released within 24 hours.
“The courtroom must remain a forum of law, not intimidation; of reason, not fear,” the statement added.
