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By Lawrence Agbo
The President of the Nigerian Bar Association (NBA), Afam Osigwe, has cautioned courts against issuing ambiguous rulings, warning that unclear judicial pronouncements are fuelling confusion in the ongoing leadership crisis within the African Democratic Congress (ADC).
Osigwe stated this during an interview on Channels Television’s Politics Today, where he criticised the use of complex legal phrases such as “status quo ante bellum” and “pendente lite,” arguing that they often create room for multiple interpretations, especially in politically sensitive cases.
He stressed that courts should issue clear and specific orders to eliminate doubt and prevent administrative bodies from interpreting judgments in ways that could deepen disputes.
According to him, vague rulings have led to situations where opposing parties claim victory from the same judgment, thereby escalating tensions and confusion.
“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.
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“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.
Osigwe’s remarks come amid controversy over the interpretation of a Court of Appeal ruling in the ADC leadership tussle, where parties were directed to maintain the status quo ante bellum.
The ruling triggered disagreements involving the Independent National Electoral Commission (INEC) and rival factions of the party, with conflicting interpretations over the legitimate leadership.
The NBA president noted that while such Latin expressions may be standard in legal practice, Nigeria’s political environment requires greater clarity to avoid mischief and ensure justice is properly understood.
“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.
He urged the judiciary to adopt more straightforward language in its rulings to strengthen public confidence and reduce unnecessary disputes.
