A fresh rift has emerged between the Rivers State Judiciary and the Nigerian Bar Association (NBA) following the controversial remand of a Port Harcourt-based lawyer, Lovinah Ugbana Benjamin, for contempt of court.
The dispute, which has sparked tension within the legal community, centres on the decision of Justice Chinwendu Nwogu of the Rivers State High Court to sentence the lawyer to three days’ imprisonment over her conduct during proceedings in Suit No. PHC/301/2016.
The NBA, in a strongly worded press statement signed by its President, Afam Osigwe (SAN), and Secretary, Mobolaji Ojibara, condemned the action, warning that judges must not weaponise contempt powers to intimidate legal practitioners.
The association demanded the immediate release of the lawyer, calling for an urgent investigation by the Rivers State Chief Judge and possible disciplinary action by the National Judicial Council (NJC). It further threatened a boycott of Justice Nwogu’s court by lawyers in Port Harcourt if Benjamin was not freed within 24 hours.
But in a swift and detailed rebuttal, the Rivers State Judiciary defended the judge’s decision, insisting that due process was followed and the action was justified.
In a statement issued by the Chief Registrar of the High Court, David D. Ihua-Maduenyi, the judiciary accused the NBA of acting on misinformation and misrepresenting the facts of the case.
According to the statement, the lawyer had attempted to mislead the court in her final written address by presenting what the court described as “non-existent facts and evidence” attributed to a witness. When confronted, she reportedly admitted the claims were false and showed no remorse.
The judiciary maintained that such conduct amounted to contempt in facie curiae—an offence committed in the face of the court—which empowers a judge to summarily punish the offender to preserve the dignity and authority of the court.
It added that although the statutory punishment for such contempt could be as high as three months’ imprisonment, Justice Nwogu exercised restraint by sentencing the lawyer to just three days following pleas from members of the Bar.
The statement also dismissed the NBA’s position that disciplinary mechanisms, such as referral to the Legal Practitioners Disciplinary Committee (LPDC), should have been pursued instead of immediate punishment, noting that such procedures are not mandatory in cases of direct contempt.
However, the judiciary revealed that the situation was quickly de-escalated after intervention by the NBA Port Harcourt Branch, led by its Chairman, Cordelia U. Eke.
The branch leadership reportedly visited the judge in chambers on March 26, 2026, where, upon being briefed on the full circumstances, they apologised and pleaded for the lawyer’s release.
Following the appeal, Justice Nwogu accepted the apology, issued a production warrant, and subsequently discharged Benjamin unconditionally the same morning after an oral application in court.
Despite the resolution, the Rivers Judiciary expressed displeasure with the NBA’s national leadership, suggesting that either the Port Harcourt branch failed to properly brief the national body or that the NBA deliberately escalated the matter.
Describing the NBA’s statement as “offensive” and capable of inciting unnecessary tension, the judiciary defended Justice Nwogu as a jurist of “unblemished integrity” and dismissed the criticism as an unfortunate deviation from the NBA’s usual conduct.
Nevertheless, the judiciary acknowledged the NBA’s concern in bringing attention to the incident and reaffirmed that the
Bench and Bar in Rivers State remain partners in the administration of justice.
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