Worrying Case of Conflicting Legal Interpretation in Nigeria

By


Although I'm popularly known for my interest in energy analysis and environmental activism, there are moments when I feel the need to also write on key sensitive issues affecting our country Nigeria. And when such moments beckon, I always do so almost immediately, in fact.

One of such key issues which I wish to write about is the current spate of inconsistency in legal interpretation in Nigeria 🇳🇬 It's one delicate issue that's important to and should concern democracy anywhere in the world, when we think of the role and relevance of law in our society.

Why are they conflicting court judgements here and there in Nigeria? I mean even amongst courts of coordinate jurisdiction, why are they several interpretations on similar court cases? Well, I leave that to lawyers and other learned folks to answer.

Normally, interpretations are always a translation of thoughts into words. So long as this be the case, law creates a problem not just for the tried but also for the society as a whole. But because of diverse interpretations by different lawyers and on similar cases, must we allow our society to be thrown into confusion?

No wonder, Prof. M. A. Ajomo; a Professor of International Law during his inaugural lecture at the 1984 convocation ceremonies of the prestigious University of Lagos, said that law itself was mainly an exercise in controversy. I can't agree less.

In the past few days, a verdict was given by Justice Inyang Ekwo of the Federal High Court siting in Abuja compelling the governor of Ebonyi State - Mr. Dave Umahi and his deputy - Mr. Kelechi Igwe to vacate their offices for defecting from PDP on whose platform they were elected in 2019, to the APC.

Politicians who are in the same situation as Governor Umahi must be rethinking their actions and their possible fate by now.

And suddenly, dusts began to gather everywhere in the country which has caused many senior lawyers to give divergent views on the judgement on radio and TV interviews here and there.

My question remains; Is Justice Ekwo's judgement on the said case not in tandem with extant laws of the land? 

Does it run counter to verdicts of other coordinate jurisdiction on similar cases any time in the past?

With appropriate guiding documents and provisions such as;

  • the Nigerian Constitution
  • The constitution of both PDP and APC, and 
  • the power of Elections Petitions Tribunal, or State House of Assembly on the removal from office of a siting government.

Can you say that the verdict by Justice Inyang Ekwo was wrong? And can you boldly say that those lawyers who side with his verdict on the case are not better lawyers when compared to those who don't?

To avoid controversies like this, and more, we need to stop judiciary inconsistency in Nigeria.

Nigerians need a Judiciary that's consistent in its legal interpretation for the collective good of all. 

Comments

Post a Comment

Popular posts from this blog

The Mistakes I Made in my Thrift Wears Business

By
Image
A short sleeveless gown. Zeesbudget_store I grew up with an elder sister who was incredibly passionate about fashion. She had a remarkable talent for transforming discarded fabrics into stylish pieces that could be worth a fortune. That girl is good!   By the time she turned 17, my mom had somehow given up on buying her new clothes because she would either complain about the fit or find them unstylish. Being her younger sibling, I naturally followed in her footsteps. By the time I was old enough to begin going out, we both would often visit a popular secondhand market called Udua Fiong Etok in Eket to find unique pieces that suited our style, making many of our peers in the neighbourhood admire our outfits and ask where we got them from. But due to the common belief that thrift clothing was unsanitary, my sister and I would often lie about the origin of our clothes and move on.   Initially, I didn’t embrace the idea of thrift shopping. Not because I thought it unsanitary, but because I
Read more

Is the Lagos State Government banning plastics for real?

By
Image
Can you imagine a spaghetti takeout from a Lagos eatery rapped in a cocoyam leaf? However, just know that the taste of the pudding is in the eating, not the rapping. Globally, plastic waste is increasing at an alarming rate with the increase in human population, rapid economic growth, continuous urbanization, as well as lifestyle changes. This situation poses a waste management problem that sucks huge funds out of government coffers every year to address. Most of the world's waste plastics are untreated and end up as litter on the streets, in water channels, in landfills or in natural environments that provide a habitat for insects and rodents that may cause different types of diseases. From the 1950s to 2018, 6.3 billion tonnes of plastics were estimated to be produced worldwide, out of which only 9% were recycled and another 12% incinerated.  ( The Economist ) Lagos State, Nigeria’s smallest in area and most populous of 36 states, is experiencing a dire environmental problem wit
Read more

Four things that make a Digital copy impressive

By
Sometimes, digital copies or content don't necessarily have to be long to make an impression. Two months ago, I woke up to a congratulatory message from LinkedIn that a recent post I’d made about the OPEC supply cut got featured in Today’s Top News at LinkedIn News. It was one of just three similar posts selected and stood tall amongst two other posts from top media houses like The Wall Street Journal and The Associated Press. This feat wasn't a funny joke but rather a high bar in my writing career that I had to either maintain or eclipse.  However, upon critical assessment, I underlined 4 things that stood the post out. • It was precise  • It tagged relevant networks • It referenced a reputable source • It addressed a very controversial issue  Next time you’re prepping a post on social media, especially on LinkedIn, you should adopt at least two of the above. It helps a lot. Attempting this may not earn your post a feature in LinkedIn's Top News as mine did but, I'm su
Read more