THE LANGUAGE OF THE LAW DOES NO MORE THAN MYSTIFY THE LAY MAN- How do you react to this assertion?

If a lawyer wants to wish you a happy new year, rather than say the words 'HAPPY NEW YEAR' you might hear something like this 'without acceptance of any liability on my part, please take note ab initio that this is binding in honor alone. Having said the aforementioned, I wish you a happy new year'.

Lawyers are known to use words in a special way. There is a language of a lawyer, even when he uses English Language, words are given a meaning other than it literal meaning as used in everyday communication. When a lawyer uses the word 'damage' he doesn't refer to 'to spoil' or 'to destroy' rather it refers to a legal remedy at common law, usually measured in monetary terms. words like 'ownership', 'company', 'law', 'legal personality', 'contract' are legal concepts used in a different sense from its ordinary meaning as used in everyday communication. For instance, the word 'contract' may refer to 'mere agreement' to a lay man, but to a lawyer it entails; an offer, acceptance, consideration, intention to create legal relations, capacity to contract.

Lawyers also make use of Latin expression such as; ab initio, audi alterem patem, nemo judex in casua sua, consensus ad idem. As well as the use of jargon or slang, such as 'my brief has not been perfected' to refer to the fact that he has not been paid his professional fees. They also make use of archaic words such as; hereinafter, aforementioned, aforesaid, herein-before.

Of note are law registers such as; plaintiff, accused, jurisdiction, plea, confessional statement, testimony, exhibit, conviction, acquit, remand, warrant, cause, solicit et cetera.

The question however is, what is the relevance of this words and expression to the advancement of the Nigerian Legal System? It has been argued that the legal language do no more than mystify the lay man. How true this ascertion is, is yet to be ascertained. The rationale behind this is that if the layman can completely understand the lawyer's job, there would be no need for lawyers. Countries like Britain our colonial masters has moved away from compulsory use of latinised words.

It is my submission that although the use of these concepts and words helps a lawyer to write more concisely and help to overcome the problem of multiplicity of meaning given to English Words. They however do little to contribute to the development of law in Nigeria. The continued usage of these words is a significant milestone in the road to the development of the legal profession in Nigeria.