Last month Ghana’s new Chief Justice Kwasi Anin-Yeboah caused a stir when he stated categorically that ceremonial wigs and gowns as worn by judges will not be retired despite a groundswell of public opinion demanding for this to happen.
By Daniel Allan Paintsil
Appearing before the Appointment Committee of the Ghanaian Parliament Justice Anin-Yeboah made it crystal clear that the judiciary under him would not change the tradition of wearing wigs, gowns and suits despite them being relics of a past long gone under British colonial rule.
His reason was that legal practitioners like those of other vocations such as pastors, imams, and monks stand out for their unique dress codes which distinguish them from others in Ghanaian society.
Judges should be no exception to this rule.
But Justice Anin-Yeboah’s position on the wig and ceremonial gowns worn by judges all over the English-speaking world with a few exceptions like the United States flies in the face of public opinion in Ghana where opposition to it has alternated from disdainful indifference to indignation.
To non-apologists for the wigs, continuing to cling on to these British ceremonial regalias which mean nothing or make no sense to ordinary Ghanaians constitute an uncomfortable symbol of a turbulent colonial past when their country was under occupation by a foreign power from across the high seas.
Judges and lawyers wearing wigs as standard judicial procedure have come under scrutiny from Ghanaians who feel that 63 years after their country broke the yoke of colonialism, it was time the state forged ahead and away from vestiges which are synonymous with foreign domination of their country.
In Ghana the legal fraternity is one of the few vocations that still command immense respect from ordinary Ghanaians who regard judges and lawyers as sages deserving veneration.
However, when they appear in their traditional regalia during state ceremonies, wig-wearing judges are usually the object of derision.
Ghanaians usually laugh, frown and even complain about how ridiculously they look.
The costume of a judge, for instance, a long robe, a full hood with a cowl covering the shoulders and a mantle (or cloak) was believed to have been an established tradition during the reign of King Edward III (1327-77) viewed as the correct dress for attending the royal court.
The material for these robes was originally given to judges as a grant from the Crown, and included ermine and taffeta or silk.
The colours were violet for winter and green in summer, with scarlet for vest, but the last mention of green robes dates back to 1534.
It is further believed that in 1635 the definitive guide to court dress was published in the Judges’ Rules. But this didn’t introduce new costumes. It just set out what existing robes should be worn, and when.
Aside from their beef with “the folly of preserving a colonial legacy” other Ghanaians are of the view that judges wigs and gowns are not naturally meant for the country’s inclement tropical weather which is usually too hot for the comfort of those who wear them.
But wear them, they must said Justice Anin-Yeboah who is clearly not listening to the clamouring from the court of public opinion in Ghana.
And he enjoys support from the Ghana Bar Association where such a tradition is a deeply rooted fibre in the judicial system.
However, he already faces a revolt from some sections of the judiciary who see no sense in being sentimentally attached to an alien culture that speaks more to the influence of a foreign power on Ghanaian soil decades after colonialism was defeated and banished from its shores.
Justice Gertrude Torkornoo, one of three female judges picked for the Supreme Court, backed calls for reforms concerning the dress code for the judiciary to reflect indigenous cultures, values and conditions in Ghanaian society and environment.
Judges wearing wigs in state and legal ceremonies are a must for the legal fraternities in former British colonies like Kenya, Zimbabwe, Sierra Leone, The Gambia and Nigeria where no known campaigns exist for these sartorial things to be retired.
But Ghanaians want their country to follow in the footsteps of Malawi, itself a former British colony which last November had its constitutional court suspend the wearing of traditional white wigs and black robes in courtrooms as temperature levels in that country kept increasing.
However, for now as Chief Justice, Anin-Yeboah seems set to have the final word on this matter and it sounds uncompromising.
“It’s our uniform and I’m all out for it as the tradition of the bar. I will not change it” he said non-apologetically.
DAP/as/APA