Many would agree that the respect and regard which the legal
profession had in the past is fast eroding the profession. With the
growing incidences of dehumanization and victimization of lawyers
in the society, one may not be wrong to question if there is still
nobility in the noble profession. The values of the profession have
again come under scrutiny recently with the trending images on
social media of lawyers wearing lawyer’s robes to take pictures
that are extremely questionable by the profession’s regulations and
standards.
This write up considers the history of lawyers’ robes, the rules
of the profession on its use in Nigeria, and concludes with a call
to the Nigerian Bar Association to check the growing trend of
violations of the wig and gown in order to preserve the sanctity of
the profession.
History of Lawyer’s Robes in
Nigeria
The “wig and gown” which is the lawyers robe generally regarded
as a symbol of legal practice in Nigeria was received from England
as part of our colonial inheritance. Both the wig and the black
gown have a mildly separate history and origin into the English
system. The ‘wig’ as it is known today is a shortened word from
‘periwig’ which originates from the French word for a wigs which is
“perruque”. The wigs were first worn by King Louis XIV of
France during his reign from 1643 to 1715. It was said that he wore
the wigs to disguise his prematurely balding scalp, which
historians believe was caused by syphilis.
Due to the fashionable manner the wigs made King Louis XIV look,
the fashion choice was copied by the European upper- and
middle-classes, including his cousin, Charles II, the King of
England who made wigs an essential wear for polite society. Wigs
soon became a popular wear for the wealthy elites in the society
and the trend was retained by the courts and the legal profession
in England.
On the other hand, the lawyer’s black gown originated as a gown
for mourning after the death of King Charles II in 1685. The legal
profession again continued to wear the gown as a symbol of the
sombre nature of the profession and its neutrality.
Over the years, the wearing of the wig and gown by lawyers have
become more than a fashion item. It is a rule enshrined in the
professional guidelines of the profession which not only makes the
clothing choice necessary but also regulates how and when it is to
be worn.
Use of lawyer’s robes
The use of lawyer’s robes in Nigeria today is regulated by the
Rules of Professional Conduct for Legal Practitioners (RPC) 2007,
and the general customs of the bar.
When a lawyer is not permitted to wear the wig and
gown
A lawyer’s wig and gown is now more than a fashion attire which
can be used as a lawyer pleases. There are defined instances when
the attire cannot be worn by a legal practitioner and these are
contained in the RPC which regulates the conduct of lawyers in
Nigeria.
Rules 8 (4) of the Rules of Professional Conduct for Legal
Practitioners provides that a lawyer in a full time salaried
employment may represent his employer as an officer or agent in
cases where the employer is permitted by law to appear by an
officer or agent, and in such cases the lawyer shall not wear
robes.
Rule 36(f) of the same Rules provides that when in a courtroom a
lawyer shall not remain within the Bar or wear the lawyer’s robes
when conducting a case in which he is a party or giving evidence.
This inclusion in the rules came as a response to the challenge of
the appearance of Chief Gani Fawehinmi on his own behalf in his
robes in the case of CHIEF GANI FAWEHINMI V. NIGERIAN
BAR ASSOCIATION & ORS (No.2) (1989)
LPELR-1259(SC).
Rule 45 (2) of the RPC further provides that a lawyer shall not
wear the Barrister’s or Senior Advocates robe-
- On any occasion other than in Court except as may be directed
or permitted by the Bar Council; or - Where conducting his own case as party to a legal proceeding in
Court; or - Giving evidence in a legal proceeding in Court.
It is important to point out that while Rule 36 (f) and Rule
45(2)(b) are very similar, the language suggests that there is a
very slight difference in the implication of the two provisions.
Rule 36(f) requires that a lawyer shall not be robed in a case in
which he is a Party generally, but Rule 45(2)(b) is against a
lawyer being robed when conducting his own case as a party to
a legal proceeding in Court. Hence by Rule 45(2)(b) a lawyer cannot
be in court in his robe once he is a party in a matter, even though
he is not the one conducting the case for or against himself.
It is also noteworthy that the “Court” which requires wearing
the lawyer’s robes does not include inferior Courts such as
Magistrate Courts or Customary Courts. Indeed, Rule 45(1) of the
RPC has already specified that the rule applies to a lawyer
appearing before a High Court, the Court of Appeal or the Supreme
Court, and even in these superior courts the court can permit a
lawyer to appear without his robe.
When a lawyer is required to wear the wig and
gown
Generally, the Bar Council may permit other occasions for the
wearing of lawyer’s robes and the permissible instances are taught
in the preliminary lectures on Professional ethics in the Nigerian
law School. The instances which form the customary practice of the
bar on when a lawyer is permitted to wear the lawyer’s robes
are:
- When appearing before superior Courts in Nigeria.
- During the call to the Nigerian Bar of qualified lawyers from
the Nigerian Law School. - During the ceremony on commencement of the new legal year.
- During the funeral service of a judge or legal
practitioner.
Currently there is no regulation or customary practice of the
bar which permits a Lawyer to wear the lawyer’s robes for taking
photos for their political campaigns, advertisements of non-legal
related services or shooting music videos to be published in
public. There is therefore no justification for the use of
the lawyer’s robes for such purposes.
A call for NBA to monitor and take disciplinary
action.
With the disturbing trend of desecration of the lawyers robe,
many have argued that the time is ripe for us to abandon the
archaic practice of the wig and gown policy, which has even began
to phase out from the country we borrowed it from See
https://www.sunnewsonline.com/britain-ends-courtroom-tradition-of-wigs-and-gowns-in-court/.
However, until these arguments influence the guidelines of the
profession and the attire of the profession is changed, the
sanctity of the lawyer’s dressing and his professional conduct must
be upheld.
There is therefore an urgent need for lawyers to remind
ourselves of the ethics and decorum demanded of the profession we
have found ourselves, particularly with regards to the use and
abuse of the wig and the gown. The Nigerian Bar Association is
reminded that there is need to look into the incidents of
desecration of the lawyer’s robes and a need for urgent
disciplinary actions against the culprits. As the Court of
Appeal put it in UBN PLC v. JOHNSON & ANOR (2008)
LPELR-5062(CA) we must “remind ourselves at large of
the ethics of the legal profession, the etiquette, the decorum and
the dignity that comes along with membership of the profession… God
forbid the day when by our utterances and conduct we would have
lost the wig and gown even while still wearing them. Let us learn
to respect ourselves as members of the learned and noble
profession…” Per OWOADE, J.C.A
Oliver Omoredia Esq.