April 18, (THEWILL) — The Rivers State Judiciary has defended the conviction and brief imprisonment of a legal practitioner for contempt of court, insisting that the trial judge acted strictly within the law and within the recognised powers of the court to sanction misconduct committed in the face of the court.
In a rejoinder issued by the Chief Registrar of the High Court of Rivers State, David D. Ihua-Maduenyi, Esq., the judiciary faulted the National Executive of the Nigerian Bar Association (NBA) over its March 26, 2026 press release, which condemned the handling of the matter and called for disciplinary intervention by judicial authorities.
The judiciary maintained that the NBA’s position misrepresented both the facts of the case and the legal basis for the trial court’s action in Suit No. PHC/301/2016 before Justice Chinwendu Nwogu of the Rivers State High Court.
The statement follows public reactions to the NBA National’s criticism of the contempt conviction of Mrs. Lovinah Ugbana Benjamin, who served as defence counsel in the matter.
According to the rejoinder, the incident arose after the lawyer allegedly made false representations in her final written address, including the introduction of non-existent facts and purported evidence.
The judiciary stated that when the discrepancies were brought to her attention by the court, the counsel reportedly admitted that her submission did not reflect the truth.
It argued that the conduct amounted to contempt in facie curiae (an offence committed in the face of the court), which, under established legal principles, empowers a judge to take immediate action to preserve order, discipline, and the integrity of proceedings.
“The act of the defence counsel constitutes contempt in facie curiae which the court can punish instantly,” the statement read, stressing that such powers are not subordinate to referral to external disciplinary bodies as suggested by the NBA.
The judiciary further rejected the NBA’s position that the appropriate response should have been referral to the Legal Practitioners Disciplinary Committee (LPDC), insisting that summary punishment in open court is a recognised legal procedure where contempt occurs directly before a judge.
It also noted that the sentence imposed (three days’ imprisonment), was significantly below the statutory maximum of three months, adding that the court exercised restraint following pleas from members of the Bar.
The rejoinder explained that the matter was later resolved on the same day after interventions from senior members of the Bar, including a delegation of the NBA Port Harcourt Branch led by its Chairman, Mrs. Cordelia U. Eke.
According to the judiciary, the delegation was briefed on the circumstances of the ruling and subsequently apologised, pleading for the release of the affected counsel.
Following the intervention, the Chief Judge issued a production warrant, and upon appearance in court, Mrs. Benjamin was unconditionally discharged.
However, the judiciary expressed concern that despite the resolution of the matter, the NBA National issued a press statement later the same day, calling for immediate release of the lawyer, demanding investigation of the judge’s actions, and threatening a boycott of court proceedings if the demand was not met within 24 hours.
The Rivers Judiciary described the NBA’s reaction as premature and based on an incomplete understanding of the facts, suggesting that the national body may not have received a full briefing from its Port Harcourt branch.
“It seems to us that either the NBA Port Harcourt Branch leadership did not relate the true position to the NBA National or the NBA National decided to speak daggers, not peace, to impugn the judge as a villain,” the statement said.
While faulting the NBA’s tone, the judiciary strongly defended Justice Chinwendu Nwogu, describing her as a judge of “unblemished integrity” who acted to preserve the dignity of the court.
It warned against public statements that could undermine confidence in judicial officers or weaken the authority of courts to regulate proceedings and sanction misconduct.
Nonetheless, the judiciary emphasised that the development should not strain relations between the Bench and the Bar, stressing that both institutions remain essential partners in the administration of justice in Rivers State.
“The Bench and the Bar in Rivers State remain veritable partners in the administration of justice,” the statement added, reaffirming commitment to cordial professional relations despite the disagreement.
Felix Ifijeh is a journalist with years of professional reporting experience. Known for his keen news sense, compelling storytelling and commitment to accurate, impactful reporting, he has built a reputation for turning leads into clear, engaging, and well-structured reports that resonate with readers. His work reflects deep newsroom experience and a commitment to accurate, impactful journalism.
