The President of the Nigerian Bar Affiliation (NBA), Mr. Afam Osigwe (SAN), has urged courts to keep away from advanced phrases of their rulings and as an alternative situation clear, unambiguous orders to stop confusion and misinterpretation.
Osigwe made the decision throughout a tv interview on the weekend, the place he expressed concern over the rising ambiguity in judicial pronouncements, significantly in politically delicate circumstances.
āI believe, contemplating the confusion that’s arising in our physique polity in latest occasions, our courts shouldn’t make orders utilizing such Latin maxims like establishment ante bellum or pendente lite.
Ā āThe court docket ought to clarify orders as to what it means in order that there is no such thing as a ambiguity. It (establishment ante bellum) creates confusion. Now we have rendered it nearly meaningless.
āIt has been stripped of any clear which means, so our courts ought to keep away from utilizing such phrases and as an alternative specify what orders they’re making in order that no one shall be left doubtful, and no administrative physique should interpret it and attempt to give its personal choice on it,ā he said.
Establishment ante bellum is a Latin phrase which means the scenario because it existed earlier than the battle.
The NBA president additional said that imprecise court docket orders usually led to a number of interpretations, with completely different events claiming victory.
āI see conditions the place individuals go away rejoicing that the order was of their favour, thereby giving room for mischief or for anyone to interpret it the best way they need.
āThe place a court docket has chosen to make an order, it ought to state clearly what it has got down to do and never conceal behind any Latin maxims,ā Osigwe added.
Based on him, whereas such authorized expressions might not pose challenges in different jurisdictions, Nigeriaās peculiar atmosphere makes their use complicated.
His remarks got here amid controversy surrounding the interpretation of a Courtroom of Attraction ruling involving a management disaster within the African Democratic Congress (ADC).
The court docket directed the events to ākeep the established order ante bellumā, however the interpretation sparked a dispute between the Unbiased Nationwide Electoral Fee (INEC) and get together factions.
INEC delisted the David Mark-led nationwide working committee from its portal, however the Mark faction rejected the choice, insisting its management represents the final official construction.
The disagreement additionally led to protests by the factions on the INEC headquarters in Abuja.
In a separate demonstration on Thursday, one other get together group chief, Nafiu Gombe, additionally staged a protest on the feeās workplace, demanding recognition because the genuine ADC nationwide chairman.
Alex EnumahĀ
Times Nigeria