The National Executive Council (NEC) of the Nigerian Bar Association (NBA) has rejected the requirement for civilian legal practitioners to appear robed when appearing before Courts Martial.
The resolution was reached at the NEC meeting held on Thursday, 7 May 2026, in Awka, Anambra State.
The Council’s position stems from a letter dated 27 April 2026, written by NBA President, Afam Osigwe, SAN, to the Chief of Army Staff, protesting a directive in a recent Convening Order establishing a Court Martial to try military officers and men accused of plotting a coup against the Federal Government.
NEC argued that the mandatory robing requirement lacks any legal foundation under Nigerian law and represents an unlawful extension of the Rules of Professional Conduct for Legal Practitioners.
In a detailed position, the Council noted that Rule 79 of the Rules of Procedure (Army) 1972 only specifies who may appear before a Court Martial but is completely silent on dress code or mode of appearance.
The NEC further emphasized that the regulation of legal practitioners’ conduct and appearance in Nigeria is exclusively vested in the General Council of the Bar under the Legal Practitioners Act and the Rules of Professional Conduct.
Citing Rule 45 of the Rules of Professional Conduct, the Council pointed out that the rule specifically lists the courts where robing is mandatory — the High Courts, Court of Appeal, and Supreme Court — thereby excluding Courts Martial and other tribunals not expressly mentioned.
“The deliberate mention of these superior courts necessarily excludes other tribunals and bodies,” the Council observed.
While acknowledging that Courts Martial are courts established under the Armed Forces Act, NEC maintained that this status does not automatically extend the ceremonial and procedural requirements of superior courts of record to military tribunals where the Rules of Professional Conduct provide otherwise.
The NBA NEC therefore called on the Nigerian Army to immediately review and withdraw the portion of the Convening Order mandating civilian lawyers to appear robed before the Court Martial.