The Nigerian Bar Association National Executive Council (NEC) has rejected the requirement mandating civilian lawyers appearing before Courts Martial to wear robes.
The decision was reached during the NEC meeting held on May 7, 2026, in Awka, Anambra State.
According to the council, the directive lacks legal backing under existing Nigerian laws and amounts to an unnecessary extension of the Rules of Professional Conduct for Legal Practitioners.
The NEC considered a letter dated April 27, 2026, written by NBA President Afam Osigwe to the Chief of Army Staff concerning the directive contained in a recent Convening Order establishing a Court Martial to try officers and soldiers accused of plotting a coup against the Federal Government.
The council noted that Rule 79 of the Rules of Procedure (Army) 1972 only specifies the categories of persons qualified to appear before a Court Martial and does not make any provision regarding dress code or mode of appearance for lawyers.
The NEC further stated that the regulation of professional conduct and appearance of legal practitioners in Nigeria falls solely under the authority of the General Council of the Bar, in line with the Legal Practitioners Act and the Rules of Professional Conduct for Legal Practitioners.
According to the council, Rule 45 of the Rules of Professional Conduct clearly outlines the courts where lawyers are required to appear robed, including the High Courts, the Court of Appeal, and the Supreme Court.
The NBA said the explicit mention of these courts excludes tribunals and quasi-judicial bodies not listed in the rule.
The NEC maintained that there is no legal justification for extending mandatory robing requirements to Courts Martial, especially as lawyers do not appear robed before several constitutionally recognised tribunals and quasi-judicial panels.
The council also reaffirmed that although Courts Martial are recognised courts established under the Armed Forces Act, such recognition does not automatically impose the ceremonial and procedural requirements applicable to superior courts of record.
Following its deliberation, the NEC called on the Nigerian Army to immediately withdraw and review the aspect of the Convening Order directing civilian lawyers appearing before Courts Martial to be robed.