Bar Association cautions judges to refrain from harassing attorneys, abusing authority to hold in contempt

The Nigerian Bar Association has strongly condemned the rising number of incidents where judges allegedly bully lawyers and misuse their powers to intimidate them, which it believes threatens the administration of justice.

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This condemnation was expressed in a statement signed by the association's President, Afam Osigwe (SAN), and General Secretary, Mobolaji Ojibara, on Thursday, detailing reports of unlawful detention of lawyers by judges in separate incidents in Rivers State and Abuja.

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The association cited a specific case, Suit No. PHC/301/2016, Mr. Bodiseowei Zidougha v. The Chief of Naval Staff & 2 Ors, where the Rivers State High Court, presided over by Justice Chinwendu Nwogu, allegedly ordered the detention of defence counsel after delivering judgment.

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In this case, the judge convicted the counsel to the defendants, Mrs Lovinah Benjamin, for contempt of court over alleged false statements contained in a written address filed in the matter.

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Another incident involved Justice Rita Ofili-Ajumogobia of the Federal High Court, Abuja, who allegedly ordered the detention of a legal officer with the Federal Medical Centre, Keffi, Martin Anyanwu, in the court’s holding facility on March 25, 2026.

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The NBA noted that recent reports indicated that some lawyers had been subjected to degrading treatment in courtrooms, including being ordered to kneel or stand facing the wall under threat of contempt.

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According to the association, these reports are not only frightening but also appear to show an increasing intolerance and penchant for abusing judicial powers by some judges, with actions that are not only unfair but exceedingly high-handed.

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The NBA warned that the power to punish for contempt must not be used to intimidate lawyers or suppress legitimate advocacy, noting that not every act of discourtesy amounts to contempt of court.

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It emphasized that criticizing the conduct of a judge or the conduct of a court, even if strongly worded, is not a contempt of court, provided the criticism is fair, temperate, and made in good faith.

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The association maintained that where a court considers the conduct of a lawyer improper, the proper procedure is to refer the matter to the Legal Practitioners Disciplinary Committee rather than resort to summary punishment.

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While courts have inherent powers to protect their authority and dignity, such powers must be exercised within the bounds of the law and in accordance with the principles of fair hearing and due process, the NBA stated.

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A legal practitioner has the right to present a client’s case fearlessly and within the confines of the law, and where a court considers counsel’s conduct improper, the proper course is to invoke recognized disciplinary mechanisms.

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This includes referring counsel to the Legal Practitioners Disciplinary Committee (LPDC), rather than resorting to summary punitive measures, the association added.

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Even when a court believes that counsel has misrepresented facts, the appropriate step is to refer the matter to the LPDC for investigation and possible disciplinary action, as summary remand is disproportionate and amounts to a denial of fair hearing.

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The power to punish for contempt is an extraordinary jurisdiction that must be exercised sparingly and only in clear cases where the administration of justice is under immediate threat, according to the NBA.

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The use of contempt powers in circumstances that do not clearly amount to obstruction of justice creates an atmosphere of intimidation and amounts to judicial bullying, the association warned.

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The NBA demanded the immediate release of the affected counsel and called on the Chief Judge of Rivers State to investigate the incident involving Justice Nwogu.

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The association also urged the National Judicial Council to take disciplinary action where necessary and threatened that its branches in Port Harcourt and neighboring areas would boycott proceedings before the court of Justice Nwogu for seven days if the detained lawyer was not released within 24 hours.

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The NBA directed the NBA Human Rights Institute to monitor the situation, liaise with relevant authorities, and take all necessary steps to ensure the prompt release of the detained lawyer and the protection of her fundamental rights.

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The association will also engage the National Judicial Council and the National Judicial Institute to address the emerging pattern of judicial overreach, reinforce standards of judicial temperament, and strengthen the institutional relationship between the Bench and the Bar.

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The authority of the court is best preserved through fairness, restraint, and fidelity to the rule of law, making the courtroom a forum of law, not intimidation, and of reason, not fear, the statement concluded.