The Nigerian Bar Association has reacted strongly to the incident at the Federal High Court, Abuja, on Monday in which Justice Mohammed Umar directed Marshall Abubakar, lead defence counsel to politician and online publisher Omoyele Sowore, to step out of the Bar and kneel down in open court, declaring that no judge has the power to order a lawyer or any person to kneel in court.
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In a statement signed by NBA President Mazi Afam Osigwe SAN, the Association said it views the development with utmost seriousness given its implications for the dignity of the legal profession and the sanctity of the courtroom.
The NBA stated categorically that directing a legal practitioner or indeed any person to kneel in court is not a recognised judicial sanction under Nigerian law and does not align with the standards of judicial conduct expected on the Bench.
“A judex 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,” the statement read.
The Association emphasised that the dignity of the court must be preserved not only in outcome but also in process, including the manner in which judicial authority is exercised.
While acknowledging that judges are vested with the authority to maintain order and discipline in their courts, the NBA stressed that such authority must be exercised strictly within the bounds of the law and established judicial standards.
The Association noted that the power to punish for contempt is well recognised in law but 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.
“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 stated.
In a balanced approach, the NBA did not spare the legal profession from scrutiny. The Association reiterated that legal practitioners bear a corresponding duty to conduct themselves with restraint, professionalism, and respect for the court at all times.
While affirming that lawyers are entitled and indeed obligated to advocate firmly and fearlessly on behalf of their clients, the NBA stated that 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,” the statement added.
The NBA described the legal profession as thriving on a delicate but essential balance rooted in mutual respect between the Bar and the Bench, calling this relationship fundamental to the administration of justice and one that must be jealously guarded.
The incident occurred during Monday’s proceedings in the trial of Sowore, who is being prosecuted by the Department of State Services for allegedly referring to President Bola Tinubu as “a criminal” in posts on his X and Facebook accounts.
According to reports, the confrontation erupted after the prosecution closed its case and the defence indicated it would file a no-case submission. When the court fixed April 13 for the adoption of written addresses, Abubakar appeared uncomfortable with the date.
As Sowore addressed the judge from the witness box about how the proposed date might conflict with his party’s upcoming primaries, his lawyer simultaneously began addressing the judge, raising his voice and declaring that the court belonged to all.
Justice Umar, after unsuccessful attempts to make the lawyer lower his voice, ordered him to come forward and kneel down, threatening to commit him for contempt. Other lawyers present, led by prosecuting counsel Akinlolu Kehinde SAN, quickly intervened and begged the judge to forgive the lawyer. The judge subsequently adjourned the matter and rose for the day.
The NBA called for calm and restraint on all sides and urged that any grievances arising from courtroom incidents be addressed through appropriate institutional and disciplinary mechanisms.
The Association said that where necessary, it would engage with relevant authorities to ensure that the rule of law, professional standards, and judicial ethics are upheld.
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