Interpreting court judgments in Nigeria, by Tonnie Iredia

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A Nigerian newspaper and Online version of the Vanguard, a daily publication in Nigeria covering Nigeria news, Niger delta, general national news, politics, business, energy, sports, entertainment, fashion,lifestyle human interest stories, etc

During Nigeria’s First and Second Republics, not many people had faith in the country ’s judiciary. To start with, court cases dragged on for too long; making it practically impossible for litigants to enjoy the fruits of judicial victories. In other cases, many criminals were set free on account of some technicalities couched in Latin that ordinary people never understood.

If a layman does not know the court which has jurisdiction to hear his case, are his lawyers and the judge to whose court the case was assigned also ignorant of the law? This question and some others that many of my readers have asked me in the last one month and which I obviously have no answers for are raised in this piece in the hope that someone can help me out. The first set of questions I received had to do with the reinstatement of Emir Muhammadu Sanusi II of Kano.

If applied to the lingering case between the executive and the legislature in Rivers State, it is easy to see every party interpreting last week’s judgment of the Court of Ap- peal on the fate of majority of the lawmakers as it suits them. The decision of the court which was in favour of the Amaewhule-led legislators said nothing about the real subject in contention.

Considering the level of confusion that the term status quo has been causing in society by those who are exploiting it, is it not time for judges to clearly spell out the true position they want par- ties to maintain? No one needs to be a professional communicator to recognise the defect in using a term that is subject to more than one meaning.

 

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