NBA, ADC Clash Over Attacks on FHC Judge Lifu

The Nigerian Bar Association has petitioned the Legal Practitioners Disciplinary Committee against lawyer Kalu Kalu for alleged disparaging remarks about Federal High Court Judge Peter Lifu. Kalu criticised Judge Lifu's November 5 judgment sacking the national leadership of the African Democratic Congress. The judgment invalidated decisions taken by the party under former Senate President David Mark's leadership. Kalu described Judge Lifu as a 'coconut judge' during a television interview on November 11.

NBA President Oyinkansola Badejo-Okusanya condemned Kalu's language as unacceptable and urged lawyers to maintain professional conduct. She emphasised that disagreement with a judge's decision could not justify personal attacks against the judicial officer. Badejo-Okusanya noted that lawyers had the right to scrutinise judgments and challenge judicial reasoning, but such criticism must be grounded in legal arguments, not personal insults. The NBA attached a recording of Kalu's interview to its petition for consideration by the LPDC.

The African Democratic Congress has condemned the NBA's petition, accusing the association of taking sides in the political battle against the opposition. ADC's National Publicity Secretary Bolaji Abdullahi wondered why the NBA had not expressed similar concern when the Court of Appeal criticised Judge Lifu's conduct. Abdullahi argued that the NBA should address conduct capable of undermining public confidence in the judiciary, rather than victimising a lawyer for expressing his political views.

The ADC acknowledged that personal attacks against judicial officers should not be encouraged, but argued that the NBA should also address alleged misconduct within the legal profession and the judiciary. The party maintained that respect for the courts should not prevent lawyers from speaking out against perceived injustice. The ADC accused the NBA of concentrating on Kalu's remarks while overlooking what it described as misconduct within the judiciary.

Badejo-Okusanya noted that the Rules of Professional Conduct for Legal Practitioners require lawyers to uphold high standards of professional behaviour and treat courts with respect, dignity, and honour. She added that the rules provide channels through which complaints against judicial officers could be presented to the relevant authorities. The NBA president emphasised that personal attacks against judges could neither establish that a judgment was wrong nor provide any legal remedy for an aggrieved litigant.

The dispute between the NBA and the ADC has sparked concerns about the role of lawyers in critiquing judicial decisions. The ADC argued that the NBA's selective application of its standards raises questions about its impartiality. The party urged the NBA to be careful not to allow itself to be perceived as taking sides in the political battle against the opposition.

The NBA's petition against Kalu has sparked a heated debate about the limits of free speech and professional conduct for lawyers. The LPDC will consider the petition and determine whether Kalu's remarks constituted a breach of professional conduct. The outcome of the case is expected to have implications for the legal profession and the role of lawyers in critiquing judicial decisions.

Key points

• The Nigerian Bar Association has petitioned the Legal Practitioners Disciplinary Committee against lawyer Kalu Kalu for alleged disparaging remarks about Federal High Court Judge Peter Lifu.
• The African Democratic Congress has condemned the NBA's petition, accusing the association of taking sides in the political battle against the opposition.
• The dispute has sparked concerns about the role of lawyers in critiquing judicial decisions and the limits of free speech and professional conduct for lawyers.