By Vivian Okejeme, Abuja
The Nigerian Bar Association(NBA) has criticised Justice Mohammed Umar of the Federal High Court, Abuja, over reports that he asked a lawyer to kneel during court proceedings.
The judge had reportedly directed counsel to Omoyele Sowore, Marshall Abubakar, to kneel down in the courtroom.
The NBA, had in a statement signed by its president, Afam Osigwe SAN, said the directive is not recognised under Nigerian law.
“A judge directing a legal practitioner or indeed any person whatsoever to kneel in court is not a recognised judicial sanction under our laws and does not align with the standards of judicial conduct expected on the Bench.”
Sowore is currently standing trial on a two-count charge filed by the Department of State Services (DSS), following his August 25 post on X in which he described President Bola Tinubu as a “criminal” while reacting to remarks made during a trip to Brazil.
Following the prosecution counsel, Akinlolu Kehinde closing their case,when asked to open the defence, counsel to Sowore, Marshall Abubakar said they intended to file a no-case submission and proposed an adjournment to July.
Responding, the prosecution and the court opposed the proposal.
While Sowore was addressing the court on how the date might clash with his party’s primaries, his lawyer also spoke simultaneously, saying:
“This court belongs to all of us. This court is not for some people alone. It belongs to all of us,” Abubakar said.
The judge, displeased, said, ” If you shout in this court again, I will commit you for court contempt.
“In fact, come here, come and kneel down here.”
The situation was later calmed after the prosecution counsel appealed to the judges and the case was adjourned to April 13.
Reacting, the NBA said while judges have the authority to maintain order, such powers must be exercised within legal limits.
“The courtroom is a temple of justice, governed by law, procedure, and decorum,” the statement reads.
“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 association emphasised that contempt powers are recognised but must follow due process.
“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 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.”
It added that where a judge believes a person has acted contemptuously, proper legal procedures must be followed.
“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.”
The NBA also reminded lawyers of their duty to maintain professionalism in court.
“We reiterate that legal practitioners bear a corresponding duty to conduct themselves with restraint, professionalism, and respect for the court at all times,” the statement added.
“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.”
