NBA Urges Courts To Drop Latin Maxims, Issue Clear And Unambiguous Judicial Orders
NBA urges courts to avoid Latin maxims and issue clear orders to prevent confusion and conflicting interpretations generally.
NBA urges courts to avoid Latin maxims and issue clear orders to prevent confusion and conflicting interpretations generally.
The President of the Nigerian Bar Association (NBA), Mr. Afam Osigwe (SAN), has urged courts to avoid complex phrases in their rulings and instead issue clear, unambiguous orders to prevent confusion and misinterpretation.
Osigwe made the call during a television interview at the weekend, where he expressed concern over the growing ambiguity in judicial pronouncements, particularly in politically sensitive cases.
“I think, considering the confusion that is arising in our body polity in recent times, our courts should not make orders using such Latin maxims like status quo ante bellum or pendente lite.
“The court should make clear orders as to what it means so that there is no ambiguity. It (status quo ante bellum) creates confusion. We have rendered it almost meaningless.
“It has been stripped of any clear meaning, so our courts should avoid using such phrases and instead specify what orders they are making so that nobody will be left in doubt, and no administrative body will have to interpret it and try to give its own decision on it,” he stated.
Status quo ante bellum is a Latin phrase that means the situation as it existed before the war.
The NBA president further stated that vague court orders often led to multiple interpretations, with different parties claiming victory.
“I see situations where people go away rejoicing that the order was in their favour, thereby giving room for mischief or for anybody to interpret it the way they want.
“Where a court has chosen to make an order, it should state clearly what it has set out to do and not hide behind any Latin maxims,” Osigwe added.
According to him, while such legal expressions may not pose challenges in other jurisdictions, Nigeria’s peculiar environment makes their use confusing.
His remarks came amid controversy surrounding the interpretation of a Court of Appeal ruling involving a leadership crisis in the African Democratic Congress (ADC).
The court directed the parties to “maintain the status quo ante bellum”, but the interpretation sparked a dispute between the Independent National Electoral Commission (INEC) and party factions.
INEC delisted the David Mark-led national working committee from its portal, but the Mark faction rejected the decision, insisting its leadership represents the last legitimate structure.
The disagreement also led to protests by the factions at the INEC headquarters in Abuja.
In a separate demonstration on Thursday, another party group leader, Nafiu Gombe, also staged a protest at the commission’s office, demanding recognition as the authentic ADC national chairman.
