Senior lawyer Ubani warns against trend of misinterpreting Supreme Court Judgments, suggests way out
By Ishaya Ibrahim
A Senior Advocate of Nigeria, Dr Monday Onyekachi Ubani has warned against the trend of parties in political cases misinterpreting judgments of courts, especially those of the Supreme Court to suit their interest.
Ubani noted that even when orders of court were unambiguous, parties deliberately misinterpret and misrepresent them, particularly those of the Supreme Court rather than submitting to the authority and finality of these decisions.
Among the recent examples Ubani highlighted included: “1. The case of Governor Siminalayi Fubara and the Rivers State House of Assembly, where parties to the dispute have offered conflicting interpretations of the Supreme Court’s ruling, particularly in relation to the status and validity of the Assembly’s actions post-defection, as well as the Governor’s compliance with purported agreements.
“2. The PDP leadership tussle involving Mr. Samuel Anyanwu and Mr. Okorie Okoye, in which the Supreme Court’s pronouncement was supposed to end the internal wrangling. Yet, both sides claimed victory, creating further ambiguity and exacerbating the conflict within the party.
“3. The Labour Party’s leadership crisis, especially concerning the legitimacy and tenure of the party chairman. Despite a clear judicial pronouncement, the contending factions have continued to hold opposing positions, undermining the authority of the court’s decision.”
According to Ubani, instead of the Supreme Court judgments to bring finality to the disputes, parties have misinterpreted them to suit their selfish agendas, leading to public confusion and a deepening of the very conflicts the court sought to resolve.
To arrest this growing menace, Ubani proposed some measures that must be taken.
They include: “1. The Supreme Court must make its judgements more explicit and unambiguous. Where necessary, the court should provide clear consequential orders to eliminate room for manipulation and mischief by litigants or their legal representatives.
“2. Legal practitioners must uphold the highest standards of professional ethics. Lawyers should advise their clients honestly and responsibly, even if the court’s decision is unfavourable. It is unprofessional and dangerous for lawyers to become merchants of confusion by spinning judgements to favour their clients’ desires rather than the truth.
“3. Contempt proceedings must be actively pursued against defaulters. Parties who willfully misinterpret or defy court judgements must be held accountable. The courts should not hesitate to invoke their contempt powers to punish such conduct, which seeks to bring the judiciary into disrepute.”
He said for the judiciary to remain the last hope of the common man, the sanctity of its decisions must be preserved and enforced..
