Even in the most contentious proceedings, judicial decorum does not extend to humiliating a legal practitioner. Ordering counsel to kneel is not only undignified; it constitutes a clear violation of the fundamental right to human dignity guaranteed under Section 34 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). That right is absolute and non-derogable — no circumstance, no matter how heated the exchange, permits its breach.
I was deeply dismayed to learn of the disturbing encounter between Honourable Justice Abubakar Umar of the Federal High Court, Abuja, and Mr Marshal Abubakar, lead counsel to former presidential aspirant, Mr Omoyele Sowore, in the judge’s courtroom on Monday, 16 January.
These are troubling times for Nigeria’s democracy and justice system. A sitting judge reportedly ordered a practising lawyer to kneel in open court simply because, in the heat of argument, he believed the counsel had raised his voice. In that moment, the judge became both adjudicator and prosecutor in his own cause.
Even in the most contentious proceedings, judicial decorum does not extend to humiliating a legal practitioner. Ordering counsel to kneel is not only undignified; it constitutes a clear violation of the fundamental right to human dignity guaranteed under Section 34 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). That right is absolute and non-derogable — no circumstance, no matter how heated the exchange, permits its breach.
More critically, such conduct destroys any possibility of a fair hearing before this judge. Under Nigerian law, a party need not prove actual bias; the mere appearance or reasonable likelihood of bias is sufficient to vitiate proceedings. Here, the appearance is glaring.
It is therefore imperative that Mr Sowore’s legal team immediately files an application asking Justice Umar to recuse himself from the case. The matter should then be referred to the Chief Judge of the Federal High Court for reassignment to another judge, to be heard afresh (de novo).
Anything less would leave a permanent stain on the integrity of the judicial process and on the constitutional rights of all litigants who appear before this court.
Kola Alapinni is an international human rights lawyer and recipient of the US Secretary of State’s Award for International Religious Freedom.