Lawyers Kick Over Military Courts Insisting They Must Wear Robes To Defend Suspected Tinubu Coup Plotters
The National Executive Council (NEC) of the Nigerian Bar Association NBA has rejected the directive mandating civilian legal practitioners appearing before courts martial to wear legal robes, insisting that such a requirement lacked legal backing under existing Nigerian laws.
The position was adopted unanimously during the NEC meeting, following deliberations on a recent Convening Order establishing a Court Martial to try officers and soldiers accused of plotting a coup against the government headed by President Bola Ahmed Tinubu.
Earlier, the President of NBA, Afam Osigwe, wrote a letter dated April 27, 2026, to the Chief of Army Staff over the controversial directive requiring civilian lawyers to appear robed before the military tribunal.
In its resolution, the Council maintained that the mandatory robing requirement amounts to an unlawful extension of the Rules of Professional Conduct for Legal Practitioners.
According to NEC, Rule 79 of the Rules of Procedure (Army) 1972 merely outlines the categories of persons qualified to appear before a Court Martial and does not prescribe any dress code for counsel appearing before such tribunals.
The Council further argued that the regulation of the conduct and appearance of legal practitioners in Nigeria falls exclusively within the authority of the General Council of the Bar pursuant to the Legal Practitioners Act and the Rules of Professional Conduct.
NEC emphasised that Rule 45 of the Rules of Professional Conduct specifically identifies the courts before which lawyers are required to appear robed, namely the High Courts, the Court of Appeal and the Supreme Court.
It stated that the deliberate mention of those courts excludes tribunals and quasi-judicial bodies not expressly listed, including Courts Martial.
The Council also noted that legal practitioners do not appear robed before several constitutionally recognised tribunals and quasi-judicial bodies, adding that there was therefore no legal basis for extending the requirement to military courts.
While acknowledging that Courts Martial are recognised courts established under the Armed Forces Act, NEC maintained that such recognition does not automatically import the ceremonial and procedural rules applicable to superior courts of record under the Constitution.
The NBA NEC consequently called on the Nigerian Army to immediately review and withdraw the aspect of the Convening Order compelling civilian lawyers appearing before Courts Martial to wear robe.
