The African Democratic Congress (ADC) has accused the Nigerian Bar Association (NBA) of showing selective concern in its handling of comments made by lawyer Kalu Kalu about a Federal High Court judge, warning the association against being drawn into the country’s political crisis.
The party questioned the NBA’s decision to refer Kalu to the Legal Practitioners Disciplinary Committee (LPDC) over his remarks about Justice Peter Lifu, arguing that the association had not demonstrated similar concern when the Court of Appeal reportedly criticised the judge’s conduct.
In a statement issued on Saturday and signed by its National Publicity Secretary, Bolaji Abdullahi, the ADC said it supported professional restraint and respect for judicial institutions but described the NBA’s response to Kalu’s comments as selective.
The party asked why the association had moved to pursue disciplinary action against Kalu when, according to it, the Court of Appeal had previously made critical observations about Justice Lifu.
“What has Kalu Kalu said about Justice Peter Lifu that the Court of Appeal has not already said?” the party asked.
The ADC referred to a June 2026 Court of Appeal ruling which it said described the judge’s conduct as the “highest form of judicial impertinence”. It also cited a Supreme Court precedent that allegedly characterised similar conduct as judicial rascality.
The party questioned why the NBA had not publicly expressed comparable concern over the issues raised by the appellate court.
While acknowledging the NBA’s historical role in defending democracy and the rule of law, the ADC cautioned the association against creating the impression that it was taking sides in the political dispute involving the opposition.
The statement read, “We respect the NBA for its noble history in the defence of democracy and the rule of law.
“However, the Association must be careful not to allow itself to be perceived as throwing its hat into the political ring on the side of a ruling party that already boasts openly of hijacking our judicial institutions and the Nigerian Bar.”
The party maintained that lawyers should not resort to personal attacks against judicial officers but argued that professional standards should also extend to addressing conduct capable of weakening public confidence in the judiciary.
It accused the NBA of concentrating on Kalu’s remarks instead of addressing what it described as alleged misconduct within the legal profession and the judiciary.
“This is what should concern the NBA, rather than victimising a brave lawyer like Kalu for expressing his political views,” the statement added.
The ADC further argued that respect for the judiciary should not be interpreted as an obligation for lawyers to remain silent when they believe injustice has occurred.
“The NBA cannot demand respect for the judiciary while appearing indifferent to conduct that brings the judiciary into disrepute.
“Respect for the courts must never become a requirement for silence in the face of injustice,” it said.
The party concluded that although lawyers must exercise restraint when discussing judicial officers, they should not be discouraged from speaking out against perceived wrongdoing.
The controversy followed the NBA’s decision on Friday to petition the Legal Practitioners Disciplinary Committee over comments Kalu made about Justice Lifu during the November 11 edition of Channels Television’s Politics Today, hosted by Seun Okinbaloye.
Kalu, an ADC member and lawyer to former Vice-President Atiku Abubakar, had described the judge as a “coconut judge” while discussing the November 5 Federal High Court judgment concerning the party’s leadership crisis.
During the programme, Kalu also disputed interpretations suggesting that the judgment had effectively disqualified Atiku from contesting the 2027 presidential election. He maintained that the court’s decision did not invalidate Atiku’s candidacy.
His description of the judge prompted Okinbaloye to interrupt him and caution against using the television platform to disparage a serving judicial officer. The presenter subsequently asked Kalu to withdraw the remark.
Kalu eventually responded: “Because of time, I do withdraw it.”
NBA President, Oyinkansola Badejo-Okusanya, SAN, confirmed that she had referred the matter to the disciplinary committee alongside the relevant broadcast materials.
She said lawyers were entitled to examine court judgments, challenge judicial reasoning and identify errors, but insisted that such criticism should be presented through legal arguments rather than personal attacks.
Badejo-Okusanya added that Kalu would have the opportunity to respond to the petition, after which the committee would determine whether his conduct amounted to professional misconduct and whether any sanction was warranted.
