By P.L Osakwe
■ INTRODUCTION
When many people picture a courtroom, they imagine a stern-looking judge striking a wooden hammer, the gavel, and calling for “Order in Court!” This image has been popularized by Hollywood movies, where the gavel is central to the drama of courtroom scenes. But if you step into a Nigerian courtroom, you will quickly notice something striking: judges hardly use the gavel.
So why is that?
■ The Symbolism of the Gavel
Globally, the gavel represents authority, order, and finality. In countries like the United States, judges use it to:
1. Call a court to order.
2. Silence the courtroom.
3. Mark decisions or adjournments.
The gavel serves as a physical and audible reminder that the judge’s word is law within that space.
■ Nigerian Courts and the English Tradition.
Nigeria inherited the English common law system, and in England, judges traditionally do not use gavels. Instead, court order is maintained through formality and officers of the court. The registrar or bailiff announces the judge’s entry, signals the start of proceedings, and ensures decorum.
In this system, the judge does not need to bang a hammer. Their voice, presence, and pronouncements are enough to command obedience.
■ The Judge’s Authority Is in the Word.
In Nigerian courts, a judge’s authority is expressed through words, not wood. For example:
1. When the judge says, “This matter is adjourned to…” the session is over, no gavel needed.
2. When the judge demands “Order in court”, silence follows.
3. Court officials (clerks, registrars, police) enforce discipline, not the sound of a gavel.
Thus, the emphasis is on judicial pronouncements, which carry the force of law.
■ The Hollywood Effect
Many Nigerians are surprised when they first realize gavels are not common in our courts. This surprise comes from decades of American courtroom dramas, where the gavel is central. Over time, the gavel has become a global symbol of justice, even though it is not widely used in practice outside the U.S.
In Nigeria, you might see using of gavels in artworks, TV shows, or ceremonial events, but hardly in actual proceedings.
■ Why It Matters
Understanding this distinction reminds us that the essence of justice is not in theatrics but in the substance of the law. Whether or not a gavel is used, the power of the court lies in:
1. The Constitution and statutes.
2. The independence of the judiciary.
3. The authority of the judge’s spoken word.
■ Conclusion
The gavel remains a universal symbol of law and order, but in Nigeria, it is more decorative than functional. Our judges maintain control with their voices, robes, and the authority of the law, not by striking wood on wood.
So next time you imagine a Nigerian courtroom, picture the quiet dignity of a judge’s pronouncement, not the loud crack of a gavel.