ObunikeA courtroom is not merely a physical space where legal matters are heard; it is a temple of justice, governed by strict rules of decorum, discipline, and respect. The judge presiding over that court bears the solemn constitutional responsibility of maintaining order, enforcing compliance, and safeguarding the dignity of the judicial process.
This is why the events that transpired before Justice James Omotosho—particularly the failure to cite Mazi Nnamdi Kanu for contempt despite open, repeated and deliberate misconduct—raise deeply troubling questions regarding judicial responsibility and precedent.
1. The Judge’s Powers to Maintain Order: What the Law Provides
Under Nigerian law, the judge is not a powerless spectator. The judge is armed with extensive authority to preserve the dignity of the court. These powers include:
(a) Inherent Powers of the Court
Every superior court of record in Nigeria possesses inherent jurisdiction to:
Maintain order and decorum;
Punish for contempt committed in facie curiae (in the face of the court);
Ensure obedience to its directives.
This inherent jurisdiction is recognised under common law and reaffirmed in Nigerian jurisprudence.
(b) Section 6(6)(a) of the 1999 Constitution
This section vests in courts all inherent powers and sanctions of a court of law, including the authority to punish for contempt without any statutory reinforcement.
(c) Summary Power to Punish for Contempt in the Face of the Court
Where contempt is committed openly before the judge, the law gives the judge immediate summary powers to punish the contemnor without the need for a formal charge or trial.
The Supreme Court has affirmed this position in:
R v. Adebanjo (1935)
Ibrahim v. State (2014) LPELR-22214(SC)
The rationale is simple: misconduct in court must be suppressed instantly to avoid eroding respect for the judiciary.
(d) Powers Under the High Court Rules
Various High Court rules (including the Federal High Court’s own Rules) expressly empower judges to:
Maintain decorum;
Remove or punish any person who disrupts proceedings;
Uphold respect for judicial authority.
Given these powers, Justice Omotosho had the lawful, constitutional and moral authority to immediately cite Nnamdi Kanu for contempt the moment his behaviour became disruptive.
2. What Happened—and Why It Was a Dangerous Precedent
Instead of exercising judicial firmness, Justice Omotosho folded his judicial arms, creating the impression that political considerations, fear of public reaction, or undue caution had overtaken his obligation to enforce courtroom discipline.
This is a dangerous and globally unacceptable precedent.
A judge who cannot enforce decorum is effectively surrendering the courtroom to theatrics, intimidation, and mob psychology. Worse, it sends a disturbing message to young Nigerians watching the process:
That shouting, disrupting proceedings, or insulting the court is permissible if the offender is politically sensitive or enjoys a cult following.
This is how nations lose respect for their judiciary.
3. The Role of the National Judicial Council (NJC): Why This Must Be Investigated
The National Judicial Council (NJC) is constitutionally empowered to:
Discipline judges;
Investigate judicial misconduct;
Uphold the integrity of the bench.
Failure to punish contempt when committed openly is itself a breach of judicial duty.
The NJC must therefore ask:
Why did Justice Omotosho fail to invoke the powers granted to him under the Constitution?
Why was open defiance before a superior court treated with indulgence?
What message does this send to future litigants, youths, and the global legal community?
A judge’s first duty is to the institution of the judiciary, not to political sentiments or external pressures.
4. The Wider Implication for Nigerian Society
Judicial decorum is not a mere technicality; it is the backbone of civilisation.
When a court becomes a theatre for disruptive performance, society begins to descend into lawlessness.
If a high-profile defendant can shout, insult the court, or refuse to comply with basic courtroom protocol—without sanction—what stops others from doing the same?
Tomorrow, the same youths who watched this drama will enter courtrooms believing that such behaviour is acceptable.
It is not.
And it must never be allowed to stand unchallenged.
5. Conclusion
Justice Omotosho’s failure to cite Nnamdi Kanu for contempt was not just a judicial oversight—it was a grave dereliction of duty and a disservice to the sanctity of the judiciary.
Nigeria’s courts must remain places of order, not arenas for political theatre.
Judges must enforce decorum fearlessly, impartially, and immediately, as the law empowers them to do.
The NJC must look into this incident, not to punish for punishment’s sake, but to protect the future of the judicial institution.
A nation where courts are not respected is a nation inching toward anarchy.
Signed:
Obunike Ohaegbu
24th November 2025
