Femi Falana, a Senior Advocate of Nigeria, has warned that lawyers appearing before the General Court-Martial set up to try 36 military officers over an alleged coup plot against Bola Tinubu risk disciplinary action if they wear legal robes in line with military directives.
In a statement issued on Sunday, Falana argued that the dress code outlined in the Convening Order contradicts the Rules of Professional Conduct for Legal Practitioners 2023. He cautioned that defence counsel and military prosecutors who comply with the directive could face sanctions from the Legal Practitioners Disciplinary Committee (LPDC) for professional misconduct.
The court-martial, constituted under an order signed on April 23, 2026, by Major General A.M. Alechenu, is tasked with trying 36 officers accused of attempting to overthrow the president. The order mandates military dress codes for participants while requiring civilian lawyers to wear traditional robes. It also allows military lawyers to choose between appearing in uniform or in robes.
Falana challenged this provision, citing Rule 8(5), which states that military officers who are also lawyers may appear before a court-martial strictly in their capacity as officers, not as legal practitioners. According to him, this means they should not wear robes, which symbolize their role as lawyers.
He further referenced Rule 45(2), which restricts the wearing of legal robes to appearances in recognized courts unless permitted otherwise by the Bar Council. Falana questioned whether a court-martial qualifies as a “court” under these rules, noting that it is a military tribunal rather than part of the constitutional judiciary.
He warned that lawyers who disregard these provisions could face penalties ranging from suspension to being struck off the roll, stressing the serious professional and reputational risks involved.
Falana urged military authorities to withdraw the robe requirement, describing it as inconsistent with established legal standards. However, he acknowledged that the directive might remain unchanged, placing the burden on individual lawyers to decide whether to obey military orders or professional rules.
The development adds to ongoing controversy surrounding the trial, which Falana has previously opposed. While maintaining his objection to the use of a military tribunal, he said his current intervention aims to ensure adherence to professional ethics within the process.
The case, involving allegations of a coup attempt, is one of the most significant military trials in recent Nigerian history. Observers say the dispute over dress code highlights broader concerns about the balance between military authority and civilian legal standards, as well as the independence of legal representation in such proceedings.
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