Status Quo: NBA President Urges Courts To Stop Latin Phrases, Give Clear Orders

The President of the Nigerian Bar Association (NBA), Afam Osigwe, SAN, has called on courts across Nigeria to abandon the use of complex Latin phrases in their rulings and instead issue clear, direct orders to avoid confusion and misinterpretation.

Osigwe made the recommendation on Friday during an appearance on ‘Politics Today’, a current affairs programme on Channels TV, where he expressed concern over what he described as 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,” he said.

“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.”

The NBA president noted that the phrase ‘status quo ante bellum,’ which means a return to the situation as it existed before a conflict, has increasingly become vague in application within Nigeria’s legal and political environment.

“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 added.

Osigwe warned that unclear rulings often leave room for multiple interpretations, with different parties claiming victory from the same judgement.

“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,” he said.

“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.”

While acknowledging that such legal expressions may not pose challenges in other jurisdictions, Osigwe stressed that Nigeria’s peculiar political and institutional realities made their usage problematic.

LEADERSHIP reports that Osigwe’s intervention came against the backdrop of ongoing controversy surrounding the interpretation of a Court of Appeal ruling in the leadership crisis rocking the African Democratic Congress(ADC).

The appellate court had directed parties to maintain the status quo ante bellum, but the order triggered controversy following Independent National Electoral Commission’s (INEC) interpretation of the order by de-recognising the leadership of neither faction of the ADC.

Following the ruling, INEC delisted the faction led by former Senate President David Mark from its official portal. However, the Mark-led group rejected the move, insisting it remained the last legitimate leadership structure of the party.

The disagreement has since escalated, with rival factions staging protests at INEC headquarters in Abuja in the last few days. In a separate demonstration, another claimant to the ADC national chairmanship, Nafiu Bala Gombe, also protested at the commission’s office, demanding recognition as the authentic national chairman of the opposition party.