The Nigerian Bar Association (NBA) has condemned what it describes as a growing pattern of judicial overreach and intimidation of legal practitioners, following reports of judges allegedly ordering the detention of lawyers in controversial circumstances.

In a statement issued by its President, Mazi Afam Osigwe, the NBA expressed “utmost shock” over incidents in Rivers State and Abuja, where judges reportedly sanctioned lawyers using contempt powers in ways the association considers unlawful and excessive.

The first report emanated from proceedings in Suit No. PHC/301/2016, Mr. Bodiseowei Zidougha v. The Chief of Naval Staff & 2 Ors before the High Court of Rivers State presided by Hon. Justice Chinwendu Nwogu.

According to the NBA, “the trial judge convicted and ordered the detention of Defendants’ counsel after delivering judgment in the matter.

“His Lordship purported to have convicted the counsel for the Defendants (Chief of Naval Staff and the Nigerian Navy), Mrs. Lovinah Ugbana Benjamin, of contempt of court for allegedly making false statements and imputations against the Court in a written address she filed in the matter.”

In a separate case, Justice Rita Ofili-Ajumogobia of the Federal High Court, Abuja, reportedly ordered the detention of a legal officer, Martin Anyanwu, in the court’s holding facility on March 25.

The NBA described both actions as “high-handed” and warned that such conduct undermines the dignity of the legal profession and erodes the essential balance between the Bench and the Bar.

“The courtroom must remain a forum of law, not intimidation; of reason, not fear. The authority of the court is best preserved through fairness, restraint, and fidelity to the rule of law,” Osigwe stated, emphasizing that contempt powers are meant to safeguard the administration of justice—not to punish lawyers for advocacy or perceived criticism.

The association noted with concern additional reports of lawyers being subjected to degrading treatment in courtrooms, including being ordered to kneel or stand facing walls under threat of contempt sanctions.

According to the NBA, criticism of judicial conduct—if expressed in good faith and in temperate language—does not amount to contempt of court.

It stressed that disagreements with a judge’s views or style of advocacy should not attract punitive measures.

The NBA argued that where misconduct is alleged, the proper procedure is to refer the matter to the Legal Practitioners Disciplinary Committee (LPDC), rather than resorting to summary detention.

Describing the use of contempt powers in the cited cases as an abuse, the association maintained that such actions appear to have been driven by personal affront rather than a genuine threat to the administration of justice.

As part of its demands, the NBA called for the immediate release of the affected lawyers and urged the National Judicial Council (NJC) to investigate the incidents and take disciplinary action where necessary.

The association also warned that it may direct a temporary boycott of proceedings before Justice Nwogu’s court for seven days, if the detained counsel is not released within 24 hours.

It further directs the NBA Human Rights Institute to monitor the situation immediately, liaise with relevant authorities, and take all necessary steps to ensure the prompt release of their colleague and the protection of her fundamental rights.

Reaffirming its commitment to the rule of law, the NBA said it would engage judicial authorities to address what it described as an emerging pattern of judicial intolerance and to reinforce standards of judicial conduct.

“The administration of justice rests on a delicate but enduring partnership between the Bench and the Bar, one built not on fear but on mutual respect, restraint, and a shared commitment to the rule of law,” the statement concluded. (The Nation)

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