The Nigerian Bar Association (NBA) has criticised Justice Mohammed Umar of the Federal High Court in Abuja for ordering a lawyer, Marshall Abubakar, to kneel in court.
Abubakar, the lead defence lawyer to human rights activist Omoyele Sowore, drew the ire of the judge when he raised his voice while making submissions in court.
The lawyer spoke while insisting that the date chosen by the court for the defence to open its case was not convenient for him. Umar then ordered the lawyer to “come out” of the bar area of the courtroom and kneel down.
However, NBA President Afam Osigwe said no judge has the power to order a lawyer to kneel in 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,” he said in a statement on Tuesday.
“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.”
Osigwe noted that while lawyers have the duty to conduct themselves with restraint, professionalism, and respect for the court at all times, they are entitled, indeed obligated, to advocate firmly and fearlessly on behalf of their client.
He, however, insisted that such advocacy must always be exercised within the bounds of courtesy and decorum.
The senior lawyer said that 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.
“The legal profession thrives on a delicate but essential balance, one rooted in mutual respect between the Bar and the Bench. This relationship is fundamental to the administration of justice and must be jealously guarded,” he said.
