Oguche maintained that lawyers are at liberty to comment on such matters, particularly when they are not counsel to the case, irrespective of whether the matter is pending or decided.
Speaking to The Guardian, Oguche explained that “there is no law mandating the CJN or anybody to punish lawyers on comments they make in the media in cases in which they are not counsel, even when such cases are undetermined.
“If there are comments relating to a pending matter in court that are prejudicial to the case and impugn the integrity of a court, it is the judge that is handling the matter that punishes and not the CJN of the Nigerian Bar Association (NBA).”
According to Oguche, the call by the Senate President was misplaced.
“Incidentally, the Senate President is also a lawyer and he should have taken time to look at the position of the law on the applicable principles of the rule on subjudice before making that comment,” the vocal lawyer said.
Citing the Rules of Professional Conduct for Legal Practitioners (2023), he noted that Section 31(1) and (2), under Trial Publicity, only stipulates that “a lawyer or law firm engaged in the prosecution or defence of a criminal matter or associated with a civil action shall not, while litigation is anticipated or pending in the matter, make or participate in making any extra-judicial statement that is calculated to prejudice or interfere with or is reasonably capable of prejudicing or interfering with the fair trial of the matter or the judgment or sentence.”
He continued: “It is clear that such provisions relate to the duty of a lawyer to court in which he is appearing as counsel in a matter before it and his conduct in court. This does not include whatever statements he makes in a case on radio, television or social media of which he is not counsel, representing a party.
“Whatever statements he has made are justified by his fundamental rights to freedom of expression under the Nigeria constitution, the Universal Declaration of Human Rights and the Covenant on Civil and Political Rights.
“Nobody, including the courts, the bar and law enforcement can impute unethical practice on such comments whether right or wrong.”
He regretted that some lawyers are yet to grasp the social engineering role lawyers play in nation-building and the development of societies, particularly in democratic settings.
As lawyers, social critics and commentators, he stated that it is their job to look at the failures and weaknesses of society, particularly the government, and
call them to order through advocacy, both inside the courtrooms and in the public spaces.
