Rivers Judiciary and NBA in Heated Dispute Over Contempt Case
A significant conflict has arisen 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. This dispute has ignited considerable tension within the legal community, focusing on the decision by Justice Chinwendu Nwogu of the Rivers State High Court to impose a three-day imprisonment sentence on the lawyer due to her conduct during proceedings in Suit No. PHC/301/2016.
NBA Condemns Judicial Action and Demands Release
The NBA responded with a strongly worded press statement, signed by its President, Afam Osigwe (SAN), and Secretary, Mobolaji Ojibara, condemning the judge's action. The association warned that judges must not weaponise contempt powers to intimidate legal practitioners and demanded the immediate release of Benjamin. It called for an urgent investigation by the Rivers State Chief Judge and potential disciplinary action by the National Judicial Council (NJC). Furthermore, the NBA threatened a boycott of Justice Nwogu's court by lawyers in Port Harcourt if Benjamin was not freed within 24 hours.
Rivers Judiciary Defends Judge's Decision
In a swift and detailed rebuttal, the Rivers State Judiciary defended Justice Nwogu's decision, insisting that due process was followed and the action was justified. A statement issued by the Chief Registrar of the High Court, David D. Ihua-Maduenyi, accused the NBA of acting on misinformation and misrepresenting the facts of the case. According to the judiciary, the lawyer 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.
De-escalation and Resolution of the Incident
Despite the initial conflict, 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 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 this appeal, Justice Nwogu accepted the apology, issued a production warrant, and subsequently discharged Benjamin unconditionally the same morning after an oral application in court.
Ongoing Tensions and Criticism
However, 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.
