TheNigeriaLawyer Editorial
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The legal profession in Nigeria is currently grappling with a troubling phenomenon: the persistent clash among senior lawyers over the interpretation of court judgments. This growing trend where counsels construe judgments to fit their personal narratives or to best serve their clients’ interests poses a serious threat to the integrity of the judiciary and risks eroding public trust in the legal system.
A striking example of this dilemma is unfolding in the Osun State Local Government elections saga. Here, two prominent Senior Advocates of Nigeria (SANs), Professor Mike Ozekhome and Kunle Adegoke, have openly disagreed and even written to the Attorney General of the Federation, Prince Lateef Fagbemi, SAN, urging him to act based on their conflicting interpretations of a court ruling. Kunle Adegoke, SAN, representing the All Progressives Congress (APC), insists that the Court of Appeal’s judgment delivered on February 10, 2024, remains the binding and valid ruling affirming the APC’s elected chairmen and councilors.
Conversely, Professor Ozekhome, SAN, counsel to the People’s Democratic Party (PDP), denounces this as “grossly false and deliberate chaos.” He urges the enforcement of a June 13, 2025 ruling that supports the reinstatement of dismissed elected officials under the PDP. Adegoke rejects this, arguing that the PDP-related reference was merely an obiter dictum a concurring opinion without binding legal force and thus cannot override the lead judgment.
This troubling pattern is not isolated. A similar controversy arose at the Federal High Court regarding Senator Natasha Akpoti’s suspension. The dispute centers on whether the court ordered her immediate reinstatement or merely made a passing observation. Paul Daudu, SAN, claims the relevant remarks were obiter dicta and not part of the binding judgment, while Akpoti’s legal team asserts otherwise. Some legal commentators have dismissed the idea of a “watershed” judgment here, clarifying that the core decision declared the six-month suspension by the Senate illegal and unconstitutional.
Despite appellate courts having settled the illegality of such legislative suspensions, the Nigerian Senate’s actions in 2025 defied these rulings, plunging the political landscape into confusion. Non-lawyers are left bewildered about the true legal position, which only adds to the judiciary’s challenges as it bears the brunt of this confusion.
TheNigeriaLawyer emphasizes that no Federal High Court ruling can overturn or negate binding decisions from superior appellate courts. The appellate courts’ pronouncements on the powers of Assemblies to suspend members are final and binding on all lower courts. We also note the difficulty in comprehending parts of the commentary on these judgments, especially the use of terms like “watershed,” which may be inaccurately applied and require clearer definition.
The rampant misinterpretation and selective reading of court judgments undermine the legal profession and risk turning the judiciary into a caricature, where litigants lose faith in the fairness and predictability of court outcomes. Judgments are meant to be respected and obeyed, not endlessly debated, misrepresented, or weaponized on social and traditional media platforms.
To address this growing menace, courts should strive to issue clear, unambiguous rulings and expedite the timely release of their judgments to the public. This will help ensure wider access and reduce the scope for misinterpretation.
Ultimately, if senior lawyers continue to twist court judgments for strategic gain, the consequences will be dire, leading to institutional failure and widespread distrust in the justice system. The judiciary, the profession, and indeed the nation, cannot afford this erosion of confidence. It is imperative for all stakeholders to uphold the sanctity of court rulings and protect the credibility of Nigeria’s legal institutions.
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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