Marshall Abubakar: Judges don’t have power to order lawyer to kneel down in court, NBA declares

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.
We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.
More from Peoples Gazette

States
Independence: NBA urges Nigerians to expect better future
The NBA said that ordinary Nigerians should be deriving benefit from the subsidy removal rather than hardship.

Agriculture
FG tasks ECOWAS on leveraging financing strategies for agroecology
The federal government has urged stakeholders in the agriculture and finance sectors in the West Africa region to leverage financing strategies to enhance agroecology practices

Politics
Katsina youths pledge to deliver over 2 million votes to Atiku
“Katsina State is Atiku’s political base because it is his second home.”

Abuja
Police arrest two suspected cable vandals in Abuja
Ms Adeh added that investigations were ongoing to establish the full extent of the suspects’ activities.

World
NDLEA, Australian police partner to tackle transnational drug trafficking
Mr Marwa noted that the MoU came at a time when drug trafficking was highly transnational.

World
U.S. Midterm Elections: 10 things to know ahead of November 3 polls
The outcome of the elections could shape the final two years of Mr Trump’s presidency.

States
Nursing mother drags husband to Shari’a court over alleged negligence, assault
The defendant, however, denied all the allegations.

Hot news Home top
U.S. Midterm: Campaign ends as Americans go to polls Nov. 3
Mr Trump’s Republican Party currently controls Congress

States
Awujale Succession: Ijebu chiefs dissolve interregnum council
The resolution followed deliberations on the administrative structure of Ijebu-Ode.





