The Nigerian Bar Association has condemned Justice Mohammed Umar for ordering a lawyer, Marshall Abubakar, to kneel down during court proceedings at the Abuja division of the Federal High Court on Monday.
Afam Osigwe, NBA president, in a statement on Tuesday, stated, “No judge has the power to order a lawyer to kneel in court.”
Mr Osigwe said, “The NBA views this development with utmost seriousness, given its implications for the dignity of the legal profession and the sanctity of the courtroom.”
“According to reports, the learned trial judge, in response to counsel raising his voice while addressing the court on the suitability of a hearing date, directed the lawyer to step out of the Bar and kneel down, alongside issuing threats of committal for contempt.”
While acknowledging the presiding judge’s power to maintain order and discipline in the courtroom, the NBA president said, “Such authority must be exercised strictly within the bounds of the law and established judicial standards.”
“The power to punish for contempt is well recognised; 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 judex 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,” Mr Osigwe said.
He added that the dignity of the court must be preserved not only in outcomes but also in the process, including 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,” stated the NBA president.
He, however, urged legal practitioners to conduct themselves with decorum and “professionalism” in court, while expressing their disagreement through appropriate channels.
“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,” Mr Osigwe explained.
The NBA called for calm and restraint on all sides and urged that any grievances arising from courtroom incidents “be addressed through appropriate institutional and disciplinary mechanisms”.
Peoples Gazette could not immediately reach Mr Abubakar for comment on the incident.
