GCM Order Puts Lawyers’ Oaths at Risk, Says Falana
The upcoming trial of 36 military officers accused of attempting to subvert the administration of President Bola Tinubu has hit a legal snag regarding courtroom ethics and professional attire. Human rights lawyer and Senior Advocate of Nigeria, Mr. Femi Falana, has raised a formal objection to the dressing protocols mandated for the General Court Martial (GCM), warning that legal practitioners who comply may face disciplinary action.
The dispute stems from a Convening Order issued on April 23, 2026, by Major General A.M. Alechenu. The order outlines specific requirements for prosecutors and defense counsel appearing before the military tribunal.
According to Item 9 (g) of the document, all officers are required to wear “No 4 dress (or equivalent)” while soldiers are to wear “No 5 dress (or equivalent)” for the duration of the proceedings.
Notably, the order specifies that “All civil lawyers are to be robed,” while serving military officers who are also lawyers have the choice between wearing their military uniform or being robed.
In a public statement addressing the order, Mr. Falana argued that these directives are “completely at variance with the Rules of Professional Conduct (RPC) for Legal Practitioners 2023.” While the military authorities have proceeded with the GCM despite opposition to the trial’s format, Falana maintains that the prescribed dress code creates a professional hazard for participating lawyers.
The Senior Advocate pointed to Rule 8(5) of the RPC, which clarifies the status of military personnel in legal proceedings. The rule stipulates:
“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.”
Furthermore, Falana cited Rule 45(2), which restricts the use of professional regalia. The rule states that a lawyer shall not wear the “Barrister’s or Senior Advocate’s robe on any occasion other than in Court except as may be directed or permitted by the Bar Council.” Under Nigerian legal standards, a military court martial is distinct from the regular hierarchy of courts where such robes are traditionally required.
The concern remains that by following the military’s dressing directive, both civil defense counsel and military prosecutors could be in breach of their professional oath. Falana warned that those who appear robed before the General Court Martial “stand the risk of being dragged before the Legal Practitioners Disciplinary Committee (LPDC) for professional misconduct.”
As the proceedings for the 36 accused officers draw near, the conflict between military tradition and the Rules of Professional Conduct 2023 remains unresolved, leaving legal practitioners in a precarious position between military orders and professional ethics.