Kneeling in court
To put it mildly, Justice Mohammed Umar of the Federal High Court in Abuja overreached himself. The reported incident involving the judge and Marshal Abubakar (counsel to Omoyele Sowore) represents
To put it mildly, Justice Mohammed Umar of the Federal High Court in Abuja overreached himself. The reported incident involving the judge and Marshal Abubakar (counsel to Omoyele Sowore) represents a significant friction point between judicial authority and professional dignity.
The controversy centres on an order by the judge for the lawyer to “step out of the Bar and kneel down” after a heated exchange regarding a hearing date.
The Nigerian Bar Association (NBA), in a statement issued by its President, Afam Osigwe, on March 17, condemned the incident. The association stated: “The courtroom is a temple of justice, governed by law, procedure, and decorum.”
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The NBA declared that “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 association added, “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.”
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Under Nigerian law, a judge has the power to maintain order through Contempt of Court proceedings, but these are strictly governed by specific procedures. Judicial punishments are limited to fines or imprisonment after a fair summary trial for contempt.
The Revised Code of Conduct for Judicial Officers requires judges to be “patient, dignified, and courteous” to all who appear before them. Ordering a legal practitioner—an officer of the court—to perform a demeaning physical act is a departure from the “temple of justice” ideal. It shifts the courtroom dynamic from one of intellectual and legal rigour to one of master-servant subjugation.
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In a culture where kneeling is a sign of deep submission, forcing a lawyer to do so in public is an attempt to strip them of their professional standing and humiliate them in front of their client and the public.
Sowore, publisher of Sahara Reporters, also condemned the incident in a post on X, saying, “How can you expect justice in a country where a judge orders a competent lawyer to kneel for insisting on cross-examining a fake witness?” He was “glad” his lawyer “stood his ground.” He added: “It was the judge, Justice Mohammed G. Umar, who had to adjourn and leave the courtroom.”
Indeed, the judge’s order was an extra-judicial act that prioritised personal ego over institutional protocol. While maintaining courtroom order is essential, a judge is not expected to resort to corporal-style punishment.
