Dare Babalola
The President of the Nigerian Bar Association, Afam Osigwe (SAN), has strongly condemned what he described as a growing trend of judicial intimidation and abuse of contempt powers by some judges across Nigeria, warning that such actions threaten the integrity of the justice system.
In a statement posted on Facebook on Thursday, Osigwe expressed “utmost shock” over reports that certain judges have resorted to bullying lawyers, unlawfully detaining them, and subjecting legal practitioners to degrading treatment in courtrooms.
The NBA highlighted two specific incidents that have sparked concern within the legal community. The first involved 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 over by Justice Chinwendu Nwogu.
According to the association, the trial judge allegedly convicted and ordered the detention of defence counsel, Mrs. Lovinah Ugbana Benjamin, after delivering judgment in the case. The lawyer, who represented the Chief of Naval Staff and the Nigerian Navy, was reportedly held in contempt of court over statements made in a written address filed during the proceedings.
The second incident cited by the NBA occurred at the Federal High Court in Abuja, where Justice Rita Ofili-Ajumogobia allegedly ordered the detention of Mr. Martin Anyanwu, a legal officer with the Federal Medical Center, Keffi, in the court’s holding facility on March 25, 2026.
Osigwe said the incidents reflect a “frightening” and increasing pattern of intolerance among some judges, including reports of lawyers and litigants being forced to kneel or stand facing courtroom walls under threat of contempt charges.
He warned that such conduct undermines the dignity of the legal profession and erodes the mutual respect required between the Bench and the Bar.
“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,” Osigwe stated, adding that when judges use their authority to intimidate or humiliate lawyers, courtrooms risk becoming “a theatre of fear” rather than forums of justice.
The NBA president argued that the use of contempt powers in the highlighted cases appeared excessive and inconsistent with established legal principles. He emphasized that contempt of court should not be used as a tool to punish lawyers for advocacy or expressions that merely displease a judge.
According to him, criticism of a court—even when strongly worded—does not amount to contempt, provided it is fair, made in good faith, and expressed in temperate language.
He further stressed that lawyers have a constitutional right of audience and must be allowed to present their cases without fear of intimidation or detention.
Quoting late jurist Chukwudifu Oputa, Osigwe noted: “The test whether or not a judge takes himself too seriously… is in his attitude towards contempt of his court.”
The NBA maintained that where a judge believes a lawyer has acted improperly—such as misrepresenting facts in court filings—the appropriate course of action is to refer the matter to the Legal Practitioners Disciplinary Committee for investigation, rather than imposing summary punishment.
Osigwe described the use of remand orders in such circumstances as “disproportionate” and a violation of the principles of fair hearing and due process.
He added that contempt powers are an “extraordinary jurisdiction” that must be exercised sparingly and only in situations where the administration of justice is under immediate threat.
In response to the incidents, the NBA issued a series of demands, including the immediate release of the affected counsel and a formal investigation by the Rivers State Chief Judge into the actions of Justice Nwogu.
The association also called on the National Judicial Council to initiate disciplinary proceedings where necessary and urged that the remand order against Mrs. Benjamin be set aside.
In a more forceful move, the NBA warned that its branches in Port Harcourt and surrounding areas would boycott proceedings before Justice Nwogu’s court for seven days if the detained lawyer is not released within 24 hours.
The association further directed its Human Rights Institute to monitor developments, engage relevant authorities, and ensure the protection of the fundamental rights of the affected individuals.
Osigwe said the NBA would also engage with key judicial bodies, including the National Judicial Council and the National Judicial Institute, to address what it described as an emerging pattern of judicial overreach and to reinforce standards of judicial conduct.
“The courtroom must remain a forum of law, not intimidation; of reason, not fear,” he said, stressing that judicial authority is best preserved through fairness, restraint, and adherence to the rule of law.
The statement underscores rising tensions within Nigeria’s legal system, as concerns mount over the balance of power between judges and legal practitioners and the need to safeguard the independence and dignity of both institutions.
