The President of the Nigerian Bar Association (NBA), Afam Osigwe, SAN, has called on Nigerian courts to stop using ambiguous Latin phrases in their judgments and instead issue straightforward, unambiguous orders to prevent confusion and misinterpretation.
Speaking on Friday during Politics Today, a current affairs programme on Channels TV, Osigwe expressed concern over the growing ambiguity in judicial pronouncements, especially in politically sensitive cases.
“Given the confusion emerging in our polity recently, our courts should avoid using Latin maxims such as status quo ante bellum or pendente lite,” he said. “Courts must make clear orders so that no ambiguity remains. These phrases have been rendered almost meaningless.”
The NBA president noted that status quo ante bellum—which literally means a return to the situation before a conflict—has become increasingly vague in Nigeria’s legal and political context. “It has been stripped of any clear meaning. Courts should instead specify what they intend, so no administrative body is left to interpret or second-guess the ruling.”
Osigwe warned that unclear rulings often allow for multiple, self-serving interpretations. “I see situations where parties walk away rejoicing, each believing the order favoured them. That invites mischief. Courts should not hide behind Latin maxims—they should state plainly what they have set out to do.”
While acknowledging that such legal expressions may work well in other jurisdictions, Osigwe argued that Nigeria’s unique political and institutional challenges make them problematic.
His remarks come amid an ongoing controversy over a Court of Appeal ruling in the leadership crisis rocking the African Democratic Congress (ADC). The appellate court ordered parties to maintain the status quo ante bellum, but confusion arose after the Independent National Electoral Commission (INEC) interpreted the order by derecognising both factions of the ADC.
Following the ruling, INEC removed the faction led by former Senate President David Mark from its official portal. The Mark-led group rejected the move, insisting it remains the party’s legitimate leadership. The dispute has since escalated, with rival factions staging protests at INEC’s Abuja headquarters. Another claimant to the ADC national chairmanship, Nafiu Bala Gombe, also held a separate protest demanding recognition as the party’s authentic national chairman.