Frank Eneawaji Ogwuonuonu
The word “Status quo” is Latin from origin. It is not undeniable that most legal terminologies found their root in Latin Language. Lawyers cannot do without legal terminologies while exercising their profession. Though, the one tool for lawyers to use in their duty is the constitution.
When lawyers go to courts before a judge to defend their clients, they express themselves using legal terms and this makes the proceedings and presentations interesting to the audience in the court room. Without being efficient in the use of legal terminologies, a lawyer may not effective implying his or her legal profession.
Indeed, lawyers have a distinct way of addressing or recognizing by saying my learned colleagues or friends. They also believe in strong discipline on the issue of seniority. They don’t toy with such when it comes to public gathering. Lawyers protect the legal profession, with their strength, even when the citizens would see flaws in the system.
Status quo means the existing state of affairs. This legal term has been over flogged and interpreted based on the perspective of the legal practioner. Where lawyers have divergent view or interpretation of the term status quo is in political case. In civil and other sndry cases, status quo is always maintained to the later. But when it comes to political cases influenced by some popular politicians, maintenance of status quo is always in jeopardy.
In such a case where the judge has pronounced, “Maintain the status quo”, it is difficult to see status quo being maintained. This is because, it is observed that lawyers from the opposite camps interprets status quo in their favour. Thereby, making statusquo difficult to comprehend by the ordinary mind.
A case in study is the one of tenure elongation of the local Government Chairmen in Rivers state. So many legal analysts are bewildered and in a state shock trying to know the intended function of “Maintain the statusquo. Indeed, in civil matter, it does not take 24 hours to maintain statusquo pronounced by a judge of any court in Nigeria. It takes the speed of light to maintain statusquo and lawyers on both sides do not have much to do about the addressing the public on the statusquo pronounced in the ruling of the courts.
According to oxford public international law, statusquo is a term that describes a factual or legal situation at a given moment in time, a situation that can be the object or point of reference for
It is crystal clear that politicians in government ignore court processes using their retinue of hired lawyers to scuttle implementation of court’s decision or verdicts in the country. It is on record that the former President of the court Appeal of Nigeria, Ayo Salami got court judgement in his favour, but the court judgement was implemented. Political cases in Nigeria are neck deep in drama. All manner of litigations are invoked and the court of co-ordinate jurisdiction giving rulings that are difficult to implement by the executive arm of government.
The Federal High Court sitting in Abuja, would give judgement on the matter and later the state High court, sitting Yenegoa, would give another judgement on the same matter. And you see lawyers explaining to the public on the issue of co-ordinate jurisdiction. Indeed, what is the concern of the masses on court of co-ordinate jurisdiction? It is been said that it is an abuse of court process. The onus is the judiciary to streamline everything to avoid suspicion and public outcry about judgement coming out from the courts in Nigeria.
Furthermore, another legal term, commonly heard in Nigeria is expert order. According to Legal match, an exparte order is a type of court order in permitting a party to be absent in a hearing under emergency circumstances. In civil procedure, exparte is used to refer to motions for orders that can be granted without waiting for a response from the other side,. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order.
The statusquo tends to entrench existing power structures and decision-making processes. This can lead to stagnation and a lack of innovations as new ideas are quashed to maintain the statusquo.
However, an unintended consequence of those who find that their cause in life is to serve others? Needs and interests, even at risk to their personal comfort and safety is the opportunity for others to settle for the statusquo. Whether you are content to settle or strive to elevate is a choice you make. Indeed, we have the danger of complacency and settling for less than we might be.
And those who lead us into a better future are those who constantly seek to elevate themselves and the people around them. What do you choose? to settle? Or to elevate?
All the orders of courts are what make the judicial processes interesting. But when they are abused and erroneously issued based on sentiment and vested interest, they lead to doubt and suspicion, which can trigger public unrest. The legal terminologies also make the legal profession interesting and inspiring. But when the judgements of courts are not obeyed and anarchy looms in the polity. Justice is the hallmark of the judiciary.***
