The Incident
Premium Times reports that during the proceedings of Monday, 16 March 2026 at the Federal High Court, Abuja Division, in the criminal case against popular activist, Omoyele Sowore, an altercation ensued between the lead Defence Counsel, Marshall Abubakar Esq., and the presiding Judge, Hon. Justice Mohammed Umar. It happened that the Counsel allegedly raised his voice while addressing the Court.
According to the report, the presiding Judge, irked by Counsel’s conduct, had this to say:
If you shout in this court again, I will commit you for contempt. In fact, come here! Come and kneel down here!
The Judge allegedly pointed to a spot in front of the courtroom where the Counsel was expected to kneel. But the lawyer stood his ground.
Engulfed with fear, other counsel in court sprang to their feet and began to plead with the Judge to forgive the lawyer. The Judge was said to have adjourned the matter and had risen afterwards, marking the end of proceedings for the day.
Addressing the situation
It is unbelievable that a judge in this age and time would attempt to take away the dignity of a lawyer appearing before his lordship in court by ordering the lawyer to kneel down. Kneeling down is a common form of corporal punishment for children. Lawyers are not children and should never be treated as such. Even at that, there are a number of child welfare advocates who are leading the campaign to end certain practices of corporal punishment in schools and homes in order to ensure child protection and well-being.
Shouting at a judge is a form of disrespect which should never be tolerated. However, it is baffling that a judge would consider ordering a counsel to kneel down as an appropriate step to take in order to address the alleged misconduct of the counsel. The President of the Nigerian Bar Association, Mazi Afam Osigwe SAN, in his swift remarks, condemned the development. The Learned Senior Advocate of Nigeria reminded everyone that “no judge has the power to order a lawyer to kneel in court.” He further noted:
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. The dignity of the court must be preserved not only in outcome but also in process, and this includes 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.
As rightly pointed out, no judge has the power to order any person, whether a legal practitioner, litigant or any other individual present in court in any other capacity, to kneel down as a form of punishment for any contemptuous conduct. There is a strict procedure for addressing any act of contempt, whether committed in the face of the court or outside the court premises.
Legal practitioners are held in high esteem in the society. On their part, judges are highly respected and the court in which they preside is known as a hallowed temple of justice. Therefore, a judge who humiliates a legal practitioner endangers the dignity of not only the lawyer in question but also the entire legal profession and the judiciary. Such conduct is capable of having a devastating impact on the law practice business which thrives on respect, regard and competence.
The Nigerian Bar Association should take more steps to address the ugly development. I believe the erring Judge owes the Bar an apology. Also, the Counsel in question deserves to be cautioned for provoking the Court in the manner as alleged. The Bar and the Bench have a joint responsibility to preserve the dignity of the legal profession and the sanctity of our courts.
Similar instances
What transpired in the Federal High Court, Abuja is not the first time a Nigerian Judge will humiliate a lawyer in open court. On 24 January 2006, Hon. Justice A.O.H. Ukachukwu (Rtd.) of the Imo State High Court, Owerri Division, had ordered the remand of a lawyer, P.J.N. Azubuike Esq., for bravely refusing to pull his wig and gown and entering the witness box as ordered by the Judge for no justifiable reason. The Counsel was remanded but bailed the next day. He filed an appeal against the Judge’s order and the Court of Appeal came down heavily on the Judge. Agbo, JCA, said:
Judges must refrain from wearing their pride on their sleeves. They must show self-restraint even when they are uncomfortable with the language deployed by counsel or litigants appearing before them. It is however incumbent on them to uphold the dignity and authority of the court. In the instant case, there was nothing before the court to activate its jurisdiction to summarily convict for contempt.
Generally, our judges should endeavour to treat legal practitioners with respect. Sometimes, seeing how a few judges address counsel in court leaves a sour taste in the mouth. Recently, I attended the Federal High Court, Lagos. The courtroom was filled to the brim and lawyers had to stand to wait for their turn. Instead of the presiding Judge to politely urge lawyers with no seat to find a place outside the courtroom and wait, his Lordship disrespectfully ordered all the lawyers standing by the entrance to immediately vacate the area and wait outside. This was done with a harsh tone of disgust and exasperation. For a second, you would imagine that the Judge was addressing some nonentities. Any reasonable suspicion that the Judge probably forgot how to be courteous was erased by how politely the Judge addressed one of the lawyers who happened to be a senior advocate. With utmost regard, the Judge beckoned on the Senior Advocate to find his way through the crowd and step forward towards the inner bar to sit in the privileged area. Unfortunately, the Judge failed to realize that though the Senior Advocate was entitled to enjoy higher privileges as he rightly deserved, treating other counsel with outright contempt in such manner was never ideal. I have witnessed other judges like Hon. Justice Ibrahim Buba (Rtd.) in a similar situation courteously pleading with the lawyers to manage with the discomfort of an overcrowded courtroom.
Concluding remarks
If the report of the conduct of the Federal High Court Judge on 16 March 2026 in Abuja is anything to go by, then that amounts to another example of a judge wearing his pride on his sleeves. Some of our judges appear to have forgotten that the Judiciary is rendering a service to the public. As a public service provider within the administration of justice framework, the Judiciary is a vital public institution which ought to guarantee great service delivery in all aspects.
