You will never understand what it means as a Lawyer to appear before a judge that is hostile.

Everything and anything you do is suspect to the court.

From the way you sit, stand and address the court.

I was in the same situation with my learned friend Inibehe Effiong only last year when I appeared before one of the judges of the Federal High Court in a pre-election matter that involves one of the former governors in Nigeria as one of the Respondents.

I was in the court with my learned friend Nehemiah T Ayogoi Nta who had driven me in his car and was waiting for me outside to take me back.

My Lord did everything within her powers to frustrate us in that case.

We had written series of petitions to the Chief Judge of the Federal High Court for transfer of this particular matter because of the court’s hostile disposition towards us.

Despite being served and entering appearance, some of the Respondents refused to attend court sitting until the matter was adjourned for definite hearing of our originating summons.

Surprisingly, the absent Respondents which was three out of the four came with avalanche of applications including a notice of preliminary objection.

I applied for a short adjournment to enable me respond and file a further affidavit to their counter and an opposing affidavit as well as a written address to their preliminary objection if need be but my Lord was not ready to listen to my application.

At best, my Lord gave me a stand down for about two hours to respond.

I thought my Lord was clear that I should respond to only the preliminary objection since I was still within time to respond to their counter and even their objection.

So I had prepared my counter to the preliminary objection.

I became very hungry so I bought a bottle of water and biscuits which I digest intermittently while trying to file the processes.

I had equally prepared and filed my further affidavit and reply on point of law for one of the Respondents and I was in the court to put it in the court file as well as serve on counsel to the Respondents who were in court before my Lord resumed sitting.

Upon my Lord resuming, I placed the bottle water under my desk.

I pleaded with my Lord that I was still within time to respond to the others and my Lord should grant a short adjournment since my Lord granted a stand down for me to respond to the preliminary objection.

My application was refused.

The court informed me that I was bound by the record of the court. That was when I knew that everything was working against me.

I moved and adopted all my processes.

When counsel for the fourth Respondent was adopting his process, I sipped from the bottle water in the most Nicodemus manner but I still caught the eye of my Lord who immediately ordered that I remove my wig and gown and tell the court why I should not be committed to prison for contempt.

That was one experience I could not forget as a young legal practitioner.

My Lord gave her Ruling later and dismissed our application.

We went to the Court of Appeal and the penultimate court reversed the decision.

What was my offence or how exactly was my conduct disrespectful to the court to have warranted my would have been committal?

It took the intervention of F. N. Nwosu, Esq., who was representing the former governor to intercede on my behalf for me to escape committal that day.

I had already removed my wig and gown and was approaching the dock.

There is no excuse or justification for what happened to Inibehe Effiong yesterday.

This confrontation of lawyers from the Bench must abate.

Aluzu Augustine Ebikebuna
28/7/2022