An alleged courtroom incident involving Justice Mohammed Umar threatening to commit Marshall Abubakar, the lead defence lawyer to Sahara Reporters publisher, Omoyele Sowore, for contempt has sparked mixed reactions.
The lawyer had drawn the ire of the judge when he raised his voice while making submissions in court.
Sowore is standing trial on a two-count charge preferred against him by the Department of State Services (DSS).
Umar then ordered Sowore’s lawyer to “come out” of the bar area of the courtroom “and kneel down.”
Other lawyers, however, quickly prevailed upon the judge to forgive Abubakar.
The Nigerian Bar Association on Tuesday, March 17, condemned the incident, describing the reported directive for a lawyer to kneel as inconsistent with judicial standards and the dignity of the legal profession.
The association, in a statement issued by its President, Afam Osigwe, said it was concerned about reports noting that the development raises serious concerns about courtroom conduct and adherence to due process.
“The courtroom is a temple of justice, governed by law, procedure, and decorum,” the statement read, stressing that judicial authority must always be exercised within established legal limits.
While acknowledging that judges are empowered to maintain order and discipline, the NBA emphasised that such powers are not absolute.
“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 association stated.
It further noted that although the power to punish for contempt is well recognised, it is governed by clearly defined procedures designed to ensure fairness, objectivity, and respect for the rights and dignity of all parties.
“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 added.
The association also reminded lawyers of their professional responsibilities, urging them to maintain restraint and decorum in 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,” it said.
Sowore also criticised the incident in a post on X, queried the state of justice in the country.
He further commended his lawyer for standing his ground against the order.
Sowore said: “How can you expect justice in a country where a judge orders a competent lawyer to kneel for insisting on cross-examining a fake witness presented by the lawless @OfficialDSSNG? I am glad Barrister Marshal D. F. Abubakar stood his ground. He did not flinch.
“It was the judge, Justice Mohammed G. Umar, who had to adjourn and leave the courtroom. End of case! And you will never hear the Nigeria Bar Association @NigBarAssoc do anything about this. They are only concerned about the tinted glass permit! Nigeria is finished!”
Similarly, human rights lawyer Inibehe Effiong described the reported directive as unacceptable.
He said: “Corporal punishment has no place in the temple of justice. It is better to be imprisoned as a lawyer than to be compelled to kneel right in the courtroom.”
