The National Executive Council (NEC) of the Nigerian Bar Association (NBA), at its meeting held on Thursday, 7 May 2026 in Awka, Anambra State, unanimously objected to the requirement that civilian legal practitioners appearing before Courts Martial must appear robed.
The Council considered the letter dated 27 April 2026 addressed by the NBA President to the Chief of Army Staff concerning the directive contained in a recent Convening Order establishing a Court Martial to try officers and men accused of plotting a coup against the Federal Government.
NEC noted the position that the requirement compelling civilian lawyers appearing before Courts Martial to wear robes lacks legal foundation under existing Nigerian law and constitutes an unwarranted extension of the Rules of Professional Conduct for Legal Practitioners.
The Council observed that Rule 79 of the Rules of Procedure (Army) 1972 merely addresses the categories of persons qualified to appear before a Court Martial and is silent on the mode of appearance or dress code of counsel appearing before such tribunals.
NEC further noted that the regulation of the professional conduct and appearance of legal practitioners in Nigeria falls exclusively within the purview of the General Council of the Bar pursuant to the Legal Practitioners Act and the Rules of Professional Conduct for Legal Practitioners.
The Council emphasized that Rule 45 of the Rules of Professional Conduct specifically prescribes the courts before which legal practitioners are required to appear robed, namely the High Courts, the Court of Appeal, and the Supreme Court, and that the deliberate mention of these courts necessarily excludes other tribunals and bodies not expressly listed.
NEC therefore agreed that there is no legal basis for extending mandatory robing requirements to appearances before Courts Martial, particularly when legal practitioners do not appear robed before several constitutionally recognised tribunals and quasi-judicial bodies.
The Council reaffirmed the position that while Courts Martial remain recognised courts established under the Armed Forces Act, such recognition does not automatically import the procedural and ceremonial requirements applicable to superior courts of record under the Constitution where the governing rules of professional conduct provide otherwise.
In adopting the position, NEC called on the Nigerian Army to immediately review and withdraw the aspect of the Convening Order mandating civilian lawyers appearing before Courts Martial to be robed.
