African judges in white wigs; standard judicial practice or symbol of colonialism?
African judges in white wigs have long been a symbol of British colonial influence on the continent; despite the end of colonial rule, this tradition has persisted.
The wigs, known as horsehair wigs, were originally worn by high court judges in Britain and were a symbol of the country's legal establishment.
The tradition has continued in some African countries despite the end of colonial rule, sparking debates about its relevance in today's world
The courts in these African states have adopted the British legal system, including the wearing of wigs and robes by judges and lawyers.
In Ghana and Nigeria, judges wear wigs with scarlet-coloured robes, which are part of the British legal tradition.
The wearing of wigs and robes has been a subject of debate in both countries, with some arguing it is a symbol of judicial prominence and others having no problem with the attire.
The white wigs and robes help to preserve the “decorum, seriousness and formality of court proceedings and formality of court proceedings,” former Ghana Chief Justice Kwasi Anin Yeboah is quoted by local media Joy Online.
“I don’t have anything against the wig and gown we wear as lawyers. Nigeria is made up of different tribes, traditions and cultures, including mode of dressing. As an Igbo man, I may be comfortable with the suit but is the Hausa man comfortable with it? So, the wig and gown cut across tribes. You say it’s inherited from the British. Yes, it is and so? The country itself, the name and every other thing about Nigeria are inherited from Britain,” Nigerian lawyer Aneke Vincent is quoted by the Guardian Nigeria.
Others have also argued that it is a colonial relic that should be discarded. The Dean of the University of Ghana School of Law, Professor Raymond Atuguba is quoted by local media Modern Ghana to have said “…it is absurd for judges and lawyers in Ghana to continue wearing collars, bibs, wigs and gowns as the dress code.”
Aside from the wigs bearing no significance to most African traditions, it has negative financial implications for the budget of most African governments.
The price tag for Uganda to procure the ceremonial wigs for 76 justices of the East African nation’s Supreme Court, Court of Appeal and High Courts in 2012 each came at approximately $6479.2, local media New Vision reported.
In 2019, Zimbabwe's Judicial Services Commission placed an order for 64 wigs from Stanley Ley Legal Outfitters in London, for £118,400, amid the country's economic hardship.
This move was met with criticism, as Zimbabwe faced significant macroeconomic challenges, a devastating drought, and Cyclone Idai. The cost of the wigs, combined with the country's economic struggles, raised questions about the necessity and relevance of this tradition in modern Zimbabwe.
The debate over the continued use of wigs by African judges highlights the broader issue of decolonising legal institutions and the lasting impact of colonialism on the continent's legal systems.
It raises questions about the relevance and appropriateness of these traditions in modern times and the challenge of maintaining judicial independence while adapting legal systems to reflect their traditions and cultures.
