Nigerian Bar Association Condemns Judicial Misconduct, Cites Allegations of Lawyer Harassment and Unlawful Detention
The Nigerian Bar Association (NBA) has voiced grave concerns regarding recent reports alleging that judges have engaged in the bullying and unlawful detention of legal practitioners. The association has unequivocally condemned these actions, labelling them as a serious abuse of judicial authority and a direct assault on the fundamental dignity of the legal profession.
These pronouncements come in the wake of two specific incidents that have drawn the NBA’s ire.
Case Study 1: Rivers State High Court
The first incident, which occurred in Suit No. PHC/301/2016, Mr. Bodiseowei Zidougha v. The Chief of Naval Staff & 2 Ors, before the High Court of Rivers State, involved the presiding judge, Hon. Justice Chinwendu Nwogu. It is reported that Justice Nwogu convicted and ordered the detention of Mrs. Lovinah Ugbana Benjamin, the counsel representing the defendants. The alleged offense was contempt of court, stemming from purported false statements made within a written address submitted by Mrs. Benjamin.
Case Study 2: Federal High Court, Abuja
The second case under scrutiny involves Honourable Justice Rita Ofili-Ajumogobia of the Federal High Court, Abuja. Reports indicate that on March 25, 2026, Justice Ofili-Ajumogobia ordered the detention of Mr. Martin Anyanwu, a legal officer affiliated with the Federal Medical Centre in Keffi. Mr. Anyanwu was reportedly held within the court’s holding facility.
A Growing Trend of Disrespect and Abuse
Beyond these specific instances, the NBA highlighted a disturbing trend of degrading treatment meted out to lawyers within courtrooms across the nation. These reported indignities include being compelled to kneel or face a wall, actions that the association argues significantly undermine the essential mutual respect that must exist between the judiciary (the Bench) and legal practitioners (the Bar).
The NBA’s statement strongly criticised the conduct of the judges involved, asserting, “The actions of these judges are not only unfair but exceedingly high-handed.” The association issued a stern warning, suggesting that such practices appear to place a higher value on the personal dignity of judges than on the impartial and just administration of legal proceedings.
Redefining Contempt of Court
The NBA took the opportunity to remind judicial officers of the established principles governing contempt of court. It stressed that not every perceived act of discourtesy by legal counsel should automatically be construed as contempt. While acknowledging that lawyers’ conduct can, at times, be perceived as annoying, the association clarified that such behaviour does not constitute contempt unless it demonstrably obstructs or disrupts the ongoing court proceedings.
Furthermore, the NBA emphatically stated, “Criticism of a judge or the conduct of a court, if fair, temperate, and made in good faith, is not contempt.” This assertion underscores the NBA’s commitment to upholding the integrity of the legal process while safeguarding the rights of lawyers to engage in robust advocacy.
Upholding Constitutional Rights and Judicial Restraint
In conclusion, the Nigerian Bar Association reaffirmed that lawyers possess a constitutional right of audience and should not be subjected to intimidation or arbitrary detention for diligently performing their professional duties. The association issued a strong call for the judiciary to exercise greater restraint in the use of its powers. It urged judges to ensure that the contempt powers vested in them are not weaponised or misused as a means of personal vindication, but rather are reserved for genuine instances that threaten the administration of justice. The NBA’s stance signals a clear intent to protect its members and maintain the ethical standards of the legal profession in Nigeria.
