The Rivers State Judiciary has responded to criticisms over the decision of Justice Chinwendu Nwogu to jail a lawyer, Mrs Lovinah Ugbana Benjamin, for three days for contempt of court.
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This reaction followed a statement by the Nigerian Bar Association, NBA, titled ‘Judges Must Not Bully Lawyers Or Abuse Power To Punish For Contempt As a Tool For Intimidation Of Lawyer’, which raised concerns about how the judge handled the case.
A statement signed by the Chief Registrar of the Rivers State High Court, David D. Ihua-Maduenyi, said it was important to clarify what really happened and correct what it described as misleading information.
According to the statement, Mrs Benjamin, who was representing the defendants in the case, tried to mislead the court in her final written address by presenting facts and evidence that did not exist.
“The Learned Counsel when confronted by the court, admitted that what she stated in her final written address was not true and she was unapologetic,” the statement read.
The statement further explained that the judge followed due process before finding her guilty of contempt.
It added that although the law allows up to three months’ imprisonment for such an offence, the judge reduced the sentence to three days after pleas from lawyers.
Ihua-Maduenyi also disagreed with the NBA’s position that such matters should always be referred to the Legal Practitioners Disciplinary Committee, LPDC, saying that is not a fixed rule.
He explained that the lawyer’s actions amounted to contempt committed in the face of the court, which a judge has the power to punish immediately.
The statement further revealed that the lawyer had already been released before the NBA issued its press statement.
It said leaders of the NBA Port Harcourt Branch visited the judge, apologised, and asked for her release after understanding the full details of the case.
“The judge having accepted the apology signed a production warrant and upon her production in court and oral application by Mrs. Cordelia U. Eke, discharged her unconditionally that same morning,” the statement noted.
The statement expressed surprise at the NBA’s position, describing it as harsh and rushed.
It noted that the NBA had called for the lawyer’s immediate release, a probe of the judge and possible disciplinary action, and a boycott of the judge’s court if the lawyer was not freed within 24 hours.
The statement noted that either the full facts were not properly communicated to the NBA’s national body, or they chose to ignore them and unfairly portray the judge in a bad light.
“The Rivers State Judiciary find the position of the NBA National on the subject very offensive and embarrassingly raising a feeling of acrimony against the Judge in particular, and the High Court bench of Rivers State in general,” the statement read.
It defended Justice Nwogu, describing him as a respected judge with a clean record and high integrity.
While it criticised the NBA’s statement, the statement still acknowledged the association’s concern and assured that the working relationship between judges and lawyers in Rivers State remains strong.
“The Bench and the Bar in Rivers State remain veritable partners in the administration of justice,” the statement affirmed, adding that the incident will not damage their relationship.
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