Mr. Afam Osigwe (SAN), the President of the Nigerian Bar Association (NBA), has called on the judiciary to cease using complex Latin phrases in their rulings. Instead, he advocates for the issuance of straightforward, unambiguous court orders to avoid confusion and prevent misinterpretations.
Osigwe voiced his concerns during a recent television appearance, highlighting the increasing ambiguity in judicial pronouncements, particularly in cases involving political sensitivity.
"Considering the confusion that has arisen in our political landscape lately, our courts ought to refrain from issuing orders that employ Latin maxims such as 'status quo ante bellum' or 'pendente lite,'" Osigwe stated.
He elaborated, "The court should issue clear directives that leave no room for ambiguity. Phrases like 'status quo ante bellum' breed confusion. We have rendered it almost meaningless."
According to Osigwe, such maxims have lost their precise meaning, compelling courts to clearly specify the nature of their orders to ensure no one is left uncertain and to prevent administrative bodies from having to interpret and decide on them.
The phrase 'status quo ante bellum' is a Latin term signifying the state of affairs that existed prior to a conflict.
The NBA president further noted that vague court orders frequently result in multiple interpretations, with different parties claiming favourable outcomes.
"I observe situations where individuals depart rejoicing that the order favoured them, thereby creating an opening for mischief or for anyone to interpret it as they please," Osigwe remarked.
He added, "When a court makes a decision, it should clearly articulate what it intends to achieve, rather than relying on Latin maxims."
Osigwe suggested that while these legal expressions might not cause issues in other legal systems, Nigeria's unique context makes their use a source of confusion.
His remarks come in the wake of a dispute concerning the interpretation of a Court of Appeal ruling related to a leadership tussle within the African Democratic Congress (ADC).
The court had instructed the parties to "maintain the status quo ante bellum," but this directive led to a disagreement between the Independent National Electoral Commission (INEC) and factions within the party.
INEC removed the national working committee led by David Mark from its system. However, the Mark faction rejected this action, asserting that their leadership represented the last legitimate structure of the party.
This disagreement also prompted protests by the party factions at the INEC headquarters in Abuja.
Separately, on Thursday, another party official, Nafiu Gombe, protested at the commission's office, demanding recognition as the legitimate national chairman of the ADC.
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