The Rivers State Judiciary has issued a comprehensive response to the criticisms surrounding Justice Chinwendu Nwogu’s decision to sentence lawyer Mrs. Lovinah Ugbana Benjamin to three days’ imprisonment for contempt of court. This controversy arose following a statement from the Nigerian Bar Association (NBA) titled “Judges Must Not Bully Lawyers Or Abuse Power To Punish For Contempt As a Tool For Intimidation Of Lawyer.” The NBA expressed concerns about the judge’s handling of the case and called for Mrs. Benjamin’s immediate release, an investigation into the judge’s conduct, and potential disciplinary action if she was not freed within 24 hours.
In a statement signed by Chief Registrar David D. Ihua-Maduenyi, the Rivers State High Court sought to clarify the circumstances surrounding the case. According to the judiciary, Mrs. Benjamin, who represented the defendants, attempted to mislead the court in her final written address by presenting non-existent facts and evidence. When confronted, she admitted that the information was false but remained unapologetic. The statement emphasized that Justice Nwogu followed due process before finding Mrs. Benjamin guilty of contempt. Although the law allows for a sentence of up to three months for such an offense, the judge reduced the sentence to three days after pleas from fellow lawyers.
The judiciary disputed the NBA’s assertion that such matters should always be referred to the Legal Practitioners Disciplinary Committee (LPDC), stating that this is not a fixed rule. The statement clarified that Mrs. Benjamin’s actions constituted contempt committed in the face of the court, which grants a judge the authority to impose immediate punishment. Notably, the statement revealed that Mrs. Benjamin had already been released before the NBA issued its press statement. Leaders of the NBA Port Harcourt Branch had visited the judge, apologized, and requested her release after gaining a full understanding of the case details. Justice Nwogu accepted the apology and signed a production warrant, resulting in Mrs. Benjamin’s unconditional discharge that same morning.
The judiciary expressed surprise at the NBA’s position, describing it as harsh and rushed. It suggested that either the full facts were not properly communicated to the NBA’s national body or that they chose to ignore them, leading to an unfair portrayal of the judge. The statement defended Justice Nwogu, describing him as a respected judge with a clean record and high integrity. While criticizing the NBA’s statement, the judiciary acknowledged the association’s concerns and assured that the working relationship between judges and lawyers in Rivers State remains strong. “The Bench and the Bar in Rivers State remain veritable partners in the administration of justice,” the statement affirmed, adding that the incident will not damage their relationship.
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