The Nigerian Bar Association (NBA) has lampooned Justice Mohammed Umar, of the federal high court in Abuja for asking Lawyer to Activist, Omoyele Sowere, Marshall Abubakar, to kneel down during court proceedings.
In a statement issued by the President of the NBA, Afam Osigwe the umbrella body of Lawyers in the country said the outburst by the judge was not a “recognised judicial sanction under our laws and does not align with the standards of judicial conduct expected on the Bench”.
It will be recalled that the presiding judge had warned Sowore’s lawyer that there will be consequences if he shouts in his court again.
“If you shout in this court again, I will commit you for contempt. In fact, come here! Come and kneel down here,” the judge said while pointing to a spot in front of the courtroom.
It took the intervention and plea from the prosecuting counsel for the judge to forgive the lawyer.
But reacting to the incident, the NBA said the power vested on judges to maintain order and discipline in the court must be “exercised strictly within the bounds of the law and established judicial standards”.
The legal body said if a judge believes that a person has acted in a contemptuous manner in court, the acceptable way of conducting proceedings for such allegations must be followed.
“The courtroom is a temple of justice, governed by law, procedure, and decorum,” the 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 recognized; 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 recognized 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 acknowledged that legal practitioners bear a responsibility to conduct themselves properly 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,” the statement added.
“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.”