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• Describes NBA reaction offensive, embarrassing
From Tony John, Port Harcourt
Rivers State Judiciary has clarified the circumstances leading to the conviction for contempt and subsequent unconditional discharge of a legal practitioner, Mrs. Lovinah Ugbana Benjamin.
The clarification followed the reaction of the Nigerian Bar Association (NBA), National, in a press release signed by its President and Secretary, Mazi
Afam Joseph Osigwe and Dr. Mobolaji Ojibara respectively, condemning the action of Justice Justice Chinwendu Nwogu of the State High.
In a statement signed by the Chief Registrar, High Court, Rivers State, David D. Ihua-Maduenyi, the court gave a clear explanation of why the defence counsel (Mrs. Benjamin) in Suit No: PHC/301/2016 was convicted of contempt and her subsequent discharge.
Ihua-Maduenyi stated: “We are compelled to make this rejoinder regarding the incident of the conviction for contempt and subsequent unconditional discharge of Mrs. Lovinah Ugbana Benjamin, learned counsel for the defendants in the above suit by Justice Chinwendu Nwogu of the High Court of Rivers State in order to set the records straight, and not allow the misinformation, misconception and reactions arising from the NBA National Press Release in the matter to fester as reality or truth.
“In the suit under reference wherein the said learned counsel appeared for the defendants, the learned counsel attempted to mislead the Court by her signed and filed final written address, by knowingly and falsely presenting non-existent facts and evidence of a witness.
According to the Chief Registrar, when confronted by the court, she admitted that what she stated in her final written address was not true and she was unapologetic.
Ihua-Maduenyi stated that to uphold the dignity and integrity of the Court, which the learned counsel treated with clear and brazen contempt, the Court after following due process, convicted her for contempt and sentenced her to prison for three days only, instead of the three months statutory term due to a passionate plea from the Bar.
The Chief Registrar observed: “The suggestion of the NBA National in paragraph 10 of the Press Release under reference that “where a court considers counsel’s conduct improper, the proper course is to invoke recognised disciplinary mechanisms, including referring counsel to the Legal Practitioners Disciplinary Committee (LPDC), rather than resorting to summary punitive measures.”
He explained further that it is not an invariable rule because the act of the defence counsel “constitutes contempt in facie curiae which the Court can punish instantly, hence the action of the Judge is not an abuse of power or an act of intimidation.
“Nevertheless, due to the numerous calls from respected members of the Bar to the offices of the Chief Registrar and the Honourable Chief Judge for the release of the said learned counsel, and the intervention of the NBA Port Harcourt Branch delegation led by its Chairman, Mrs. Cordelia U. Eke to the Judge in his Chambers in the morning of 26/03/2026, where the delegation upon learning the true facts of the incident, apologised and pleaded for the release of the said learned counsel.
“The Judge having accepted the apology signed a production warrant and upon her production in court and oral application by Mrs. Cordelia U. Eke, discharged her unconditionally that same morning.
It is, therefore, shocking to read later that day the NBA
National Press Release signed by its President and Secretary, Mazi
Afam Joseph Osigwe (SAN) and Dr. Mobolaji Ojibara respectively,
fiercely threatening and hastily advocated the following ultimata:-
“The immediate release of the affected counsel; that the Hon. Chief Judge of Rivers State immediately investigate the circumstances surrounding this incident and take appropriate administrative action and that appropriate disciplinary steps be taken by the National Judicial Council, where necessary.
Other contents of the NBA National Press Release were: “That the remand of Mrs. Lovinah Ugbana
Benjamin under the circumstances be condemned and set aside. That all NBA branches in Port Harcourt and its environs and all legal practitioners boycott the proceedings before the Court of Hon. Justice Nwogu for a period of seven days if Mrs. Lovinah Ugbana Benjamin is not released within 24 hours.”
The Chief Registrar expressed that the press release seems to the High Court that it is either the NBA Port Harcourt Branch leadership did not relate the true position to the NBA National or if they did, the NBA National decided “to speak daggers, not peace to impugn the Judge as a villain.
He declared: “We find the position of the NBA National on this subject very offensive and embarrassingly raising a feeling of acrimony against the Judge in particular, and the High Court bench of Rivers State in general.
“We categorically state that the Hon. Justice Chinwendu Nwogu is one of our respected and respectful Judges with unblemished integrity.
We view this Press Release as an isolated departure from the
enterprising and amiable leadership of the NBA National,
especially its President, whom we hold in high esteem and
admiration.
“Whilst we appreciate the concern of the NBA National in bringing attention to the event of 25th March 2026, we assure that the Bench and the Bar in Rivers State remain veritable partners in the administration of justice.”
The Chief Registrar firmly restated that the Bench in Rivers State holds the Bar in high esteem and this event would not disrupt the cordial
relationship between the Bench and the Bar.
