Updated: This article was originally published in 2024. It has been reviewed and updated to reflect developments in professional standards and to provide clearer guidance on proper courtroom conduct in Nigeria.
Introduction
Courtroom decorum refers to the standards of conduct and behaviour expected from lawyers, litigants, witnesses and other persons present during court proceedings. Proper courtroom conduct helps proceedings to run in an orderly manner and demonstrates respect for the court and the administration of justice.
Whether you are a legal practitioner, a party to a case, a witness or a visitor, understanding what is expected of you in court can help you avoid unnecessary disruptions and ensure that you conduct yourself appropriately.
1. Dress Appropriately for Court
Appropriate dressing is an important aspect of courtroom decorum. Legal practitioners appearing before the court are expected to comply with the applicable professional requirements concerning their appearance and dress.
Under Rule 36 of the Rules of Professional Conduct for Legal Practitioners, 2023, a lawyer in the courtroom is required to be attired in a proper and dignified manner and to conduct himself or herself in accordance with the customs, conduct and code of behaviour of the court and the practice of the Bar.
Litigants and other persons attending court should also dress respectfully and appropriately for the formal environment of a courtroom. What may be acceptable outside the courtroom may not always be appropriate during judicial proceedings.
2. Show Respect to the Court and Judicial Officers
Respect for the court is fundamental to proper courtroom conduct. Persons appearing before the court should follow the established practice of the particular court concerning the manner in which judicial officers are addressed.
In many Nigerian superior courts, judicial officers are commonly addressed using expressions such as “My Lord,” or “Your Lordship” depending on the court and the circumstances. Magistrates and other judicial officers may have different forms of address depending on the applicable law and established practice of the particular jurisdiction.
When in doubt, it is advisable to observe the practice of the particular court or seek guidance from a legal practitioner or court official.
3. Avoid Disruptions During Proceedings
Court proceedings should not be unnecessarily interrupted. Mobile phones and other electronic devices should be switched off or placed on silent mode where appropriate.
Persons attending court should avoid unnecessary conversations, shouting, arguments or other behaviour that may distract the court or disrupt proceedings.
It is also important to listen carefully while another person is addressing the court and to speak only when called upon or when it is appropriate to do so.
4. Follow the Directions of the Court
The presiding judicial officer controls proceedings in the courtroom. Lawyers, litigants, witnesses and visitors are expected to comply with lawful directions given by the court.
This may include directions concerning where parties should sit or stand, when documents should be presented, when witnesses should enter or leave the courtroom, and how proceedings should be conducted.
Failure to comply with lawful directions of the court may affect the orderly conduct of proceedings and may have legal consequences depending on the circumstances.
5. Proper Conduct Expected of Legal Practitioners
Legal practitioners have additional professional responsibilities when appearing before a court.
Rule 36 of the Rules of Professional Conduct for Legal Practitioners, 2023 requires a lawyer in the courtroom to conduct himself or herself with decency and decorum and to observe the customs and code of behaviour applicable to the court.
A lawyer is also required to rise when addressing or being addressed by the judge and to direct objections, requests, arguments and observations to the judge rather than engaging in personal exchanges or controversies with opposing counsel.
Professional disagreements may arise during litigation, but lawyers are expected to maintain courtesy and avoid conduct that is undignified or discourteous to the court or tribunal.
6. Handle Documents and Evidence Properly
Documents and other materials intended for use during proceedings should be properly organised and presented in accordance with the applicable rules of court and the directions of the presiding judicial officer.
Parties should avoid approaching the judge directly or handing documents directly to the judicial officer unless permitted by the court or required by the applicable procedure.
Proper organisation of documents can help proceedings move more efficiently and reduce unnecessary delays.
7. Conduct Yourself Properly When Giving Evidence
Witnesses should listen carefully to questions and answer truthfully based on their knowledge and recollection of the relevant facts.
A witness should avoid arguing unnecessarily with counsel, interrupting questions or attempting to guess answers. If a question is not understood, the witness may respectfully ask for clarification.
Witnesses should also avoid discussing their evidence with persons where doing so would be contrary to a direction or order of the court.
8. Maintain Composure
Court proceedings can sometimes be stressful, particularly where the issues involved are personal, financial or otherwise significant to the parties.
Nevertheless, persons appearing in court should make every effort to remain calm and respectful. Angry outbursts, personal insults, confrontational behaviour and unnecessary arguments can disrupt proceedings and may negatively affect the proper presentation of a case.
9. Arrive on Time and Be Prepared
Punctuality is an important aspect of proper courtroom conduct. Parties, witnesses and lawyers should make reasonable efforts to arrive at court early enough to locate the appropriate courtroom and prepare for the proceedings.
Where a person is unable to attend court or requires an adjournment, the appropriate legal or procedural steps should be taken rather than simply failing to appear.
10. Remember That Courtroom Practice May Differ
Nigeria has different courts and jurisdictions, and particular rules of procedure or courtroom practices may differ depending on the court and the location.
For this reason, a litigant or court visitor should not assume that every courtroom follows precisely the same practice. Where you are represented by a lawyer, your lawyer can guide you on the procedure and expectations applicable to your particular case.
Conclusion
Proper courtroom decorum is essential to the orderly administration of justice. Respectful behaviour, appropriate dressing, punctuality, compliance with the directions of the court and maintaining composure all contribute to the efficient conduct of judicial proceedings.
For legal practitioners, courtroom decorum is also a matter of professional responsibility. For litigants, witnesses and visitors, understanding basic courtroom expectations can make the experience less intimidating and help ensure that proceedings are conducted without unnecessary disruption.
Legal Disclaimer
This post is provided for general informational purposes only and does not constitute legal advice. Court procedures and practices may vary depending on the court and jurisdiction. For advice relating to a particular case or court proceeding, please consult a qualified legal practitioner.
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