EMERGING ERRORS ASSUMING LIVES OF THEIR OWN IN THE NIGERIA LEGAL SYSTEM

Abstract

It has been said that errors would necessarily arise in every human endeavour and correcting them is evidence of a living society. Where errors persist and are not corrected, they soon assume a life of their own and may create a new foundation or paradigm based on which people can be assessed and commended or condemned. In the legal profession in Nigeria, some errors have become rampant and seem to be accepted as the norm. These errors are not merely semantic. Some go to the root of legal proceedings and adjudication, resulting in the wrong things being done and yet accepted as normal because of the status of those doing them or their widespread occurrence. In this article, the author identified some of the errors and proffered corrections in order to preserve the spirit of excellence for which the legal profession is respected and always expected to lead the way, especially in a country like Nigeria where education is yet evolving. The errors include the use of the phrase ‘as amended’ in the citing of the Constitution and other statutes; the phrase ‘inherent jurisdiction’ instead of ‘inherent power’; the description of the political phase of Nigeria as the ‘Fourth Republic’ when there was no ‘Third Republic’; ‘Issues for Determination’ when reference is to issues for trial; and the wrong practice of pre-trial conferences by courts.