11, April 2026
The President of the Nigerian Bar Association (NBA), Afam Osigwe, has called on courts to avoid complex phrases like “status quo ante bellum” and “pendente lite” in their rulings by opting for clear and unambiguous language to prevent confusion and misinterpretation.
Speaking on Channels Television’s Politics Today programme, Osigwe expressed concern over the growing ambiguity in judicial pronouncements, particularly in politically sensitive cases, saying, “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… The court should make clear orders as to what it means so that there is no ambiguity.” He explained.
He emphasized that vague court orders often lead to multiple interpretations, with different parties claiming victory, stating, “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.
Osigwe added that Nigeria’s peculiar environment makes the use of such legal expressions confusing, unlike in other jurisdictions.
Osigwe’s remarks come amid controversy surrounding the interpretation of a Court of Appeal ruling involving a leadership crisis in the African Democratic Congress (ADC).
The court’s directive to maintain the status quo ante bellum sparked a dispute between the Independent National Electoral Commission (INEC) and party factions.
*Background:*
The ADC leadership crisis led to protests by factions at the INEC headquarters in Abuja, with each side claiming legitimacy. INEC delisted the David Mark-national working committee from its portal, but the Mark faction rejected the decision.
The disagreement highlights the need for clear and unambiguous language in court rulings to prevent confusion and ensure effective implementation.
*Recommendations:
1. Clear Language: Courts should use simple and straightforward language in their rulings.
2. Avoid Latin Maxims: Phrases like “status quo ante bellum” and “pendente lite” should be avoided.
3. Specificity: Court orders should clearly state what is required or prohibited.
