Why lawyers cannot be robed before military courts

By Femi Falana SAN

Notwithstanding our strident opposition to the setting up of a military court to try the alleged coup plotters, the military authorities have been allowed to convene a General Court Martial for the trial of the 36 military officers accused of attempting to overthrow President Bola Tinubu.

However, in the Convening Order issued on April 23, 2026, Major General A.M. Alechenu has prescribed a mode of dress for the prosecutors and defence counsel that are going to appear before the General Court Martial.

Specifically, Item 9 (g) of the Convening Order states that, “All officers are to wear No 4 dress (or equivalent) while soldiers are to wear No 5 dress (or equivalent) throughout the duration of the court. All civil lawyers are to be robed. However, serving officers who are lawyers have the option of either wearing No 4 (or equivalent) or being robed.”

In view of the fact that the directive is completely at variance with the Rules of Professional Conduct for Legal Practitioners 2023, the military authorities should jettison it.

Since our position may be ignored by the military authorities, it is necessary to draw the attention of the legal practitioners including military prosecutors who are going to appear before the General Court Martial, to Rules 8(5) and 45 of the Rules of Professional Conduct for Legal Practitioners which stipulate as follows:

Rule 8(5): “An officer in the Armed Forces who is a lawyer may discharge any duties devolving on him as such officer and may appear at a Court Martial as long as he does so in his capacity as an officer and not as a lawyer.”

Rule 45(2): “A lawyer shall not wear the Bartister’s or Senior Advocate’s robe (a) on any occasion other than in Court except as may be directed or permitted by the Bar Council.”

In view of the clear and unambiguous provisions of the Rules of Professional Conduct for Legal Practitioners in Nigeria, defence counsel and military prosecutors who may be robed before the General Court Martial stand the risk of being dragged before the Legal Practitioners Disciplinary Committee for professional misconduct.