Nigerian Bar Association (NBA) has criticised Justice Mohammed Umar of the Federal High Court in Abuja after he reportedly asked Marshall Abubakar, counsel to Omoyele Sowore, to kneel during court proceedings.
Gatekeepers News reports that in a statement on Tuesday signed by NBA President Afam Osigwe, the body said the directive from the judge 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 standing trial on a two-count charge brought by the Department of State Services (DSS). The charges stem from his August 25 post on X, in which he described President Bola Tinubu as a “criminal” in reaction to the president’s remarks on corruption during a trip to Brazil.
The drama unfolded at the resumed hearing on Monday after DSS counsel Akinlolu Kehinde closed his case following the testimony of one witness. When Abubakar was asked to open his defence after cross-examination, he said the defendant would file a no-case submission and requested that the court adjourn to a date in July. The proposed date was opposed by the DSS counsel and the trial judge.
NAN reports that while Sowore addressed the judge from the witness box on how the proposed date might clash with the primaries of his party, African Action Congress (AAC), his lawyer was also making a submission on the same matter.
“This court belongs to all of us. This court is not for some people alone. It belongs to all of us,” Abubakar said.
Displeased with the lawyer’s remarks, the judge warned: “If you shout in this court again, I will commit you for contempt. In fact, come here! Come and kneel down here,” while pointing to a spot in front of the courtroom. However, the prosecuting counsel pleaded for the lawyer to be forgiven. The case was subsequently adjourned to April 13.
Reacting to the incident, the NBA emphasised that the power vested on judges to maintain order and discipline in court must be “exercised strictly within the bounds of the law and established judicial standards.”
“The courtroom is a temple of justice, governed by law, procedure, and decorum,” the NBA 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 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.
“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.”
“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. 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 legal practitioners of their responsibilities 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.”
“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.”
