NBA President Has No Power To Publicly Reprimand Judge – Lawyers

By Ayodele Oni 

Lawyers under the aegis of the Nigerian Law Society, (NLS), have dragged the President of Nigerian Bar Association, (NBA), Afam Osigwe, SAN, to the Legal Practitioners Privileges Committee, (LPPC), for ‘publicly reprimanding’ a judge.

The LPPC, which confers the rank of Senior Advocate of Nigeria, (SAN), on qualified legal practitioners, also maintains legal standards and oversees the regulation of SANs.

 Recall Justice Mohammed Umar of the Federal High Court, Abuja, had ordered Marshall Abubakar, the lead defence counsel to publisher, Omoyele Sowore, to step forward and kneel in open court for raising his voice during proceedings.

Justice Umar also threatened to commit Abubakar to prison for contempt.

Other lawyers in the court had to intervene, pleading for leniency before the judge backed down.

Reacting to the development, the NBA, in a statement issued by its President, Osigwe, condemned the judge’s action, stressing that he has no right to ask 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,” the statement said.

However, the matter has taken another turn with the Nigerian Law Society, an association of non-litigation lawyers, asking the Chief Justice of Nigeria, (CJN), Justice Kudirat Kekere-Ekun to refer Osigwe to the LPPC for investigation and possible sanctions, for publicly reprimanding a judge.

The CJN, who serves as chairman of the LPPC, also heads the National Judicial Council, NJC, which handles issues concerning misconduct by judicial officers.

NLS faulted the statement issued by the NBA President, describing it as public reprimand which undermines and demeans the authority of judges.

The association suggested that Osigwe should have referred the matter to the NJC “through a more discreet method to avoid demeaning or diminishing the respect to be accorded judges by both Nigerian lawyers and citizen.”

In a letter addressed to the CJN, Justice Kudirat Kekere-Ekun, dated March 17, 2026, signed by its Executive Secretary, Dr. Tonye Clinton Jaja, the NLS said the NBA President overstepped his bounds.

“Assuming though not conceding, Mr. Mazi Afam Ozigwe, SAN, in his capacity as President of the Nigerian Bar Association (NBA) is entitled to freedom of speech under the Constitution of the Federal Republic of Nigeria,1999, there are legally prescribed channels to express his dissatisfaction such as submission of a petition against the said judge to the National Judicial Council (NJC).

“This is because as a general rule of law, the right to freedom of speech (as well as other rights guaranteed under the Constitution of Nigeria) do not confer absolute rights.

“For example, only one week ago, the same President of the Nigerian Bar Association (NBA) wrote a public press statement admonishing the Code of Conduct Bureau to desist from inviting or investigating the Chief Judge of the Federal High Court. 

“He cited Supreme Court of Nigeria judgment to make a case for the said Chief Judge of the Federal High Court to be referred to the NJC.

“Therefore, it is a contradiction for the same President of the Nigerian Bar Association (NBA) to be quick to write a press statement in condemnation of Hon. Justice Mohammed Garba Umar instead of seeking his referral to the NJC,” the NLS said.

The association observed that, recently, the CJN had cause to publicly caution the NBA President to desist from making blanket and sweeping generalisations that all judges in Nigeria are corrupt.

“We conclude by stating that all Nigerian judges enjoy the power and authority to apply discretion in imposing any penalties for acts of contempt in the face of the court.

The Nigerian Law Society expressed concern at the high rate of misconduct among legal practitioners in the country, noting that adherence to professional conduct is at an all time low. It insisted that judges should be given the powers to tackle the problem.

“The adherence to professional conduct is at an all time low amongst Nigerian lawyers as evident by the increasing number of cases at the Legal Practitioners Disciplinary Committee (LPDC).”