Stella Dimoko Korkus.com: Lawyers Please Come In Here....

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Tuesday, 11 July 2017

Lawyers Please Come In Here....

I need an explanation on something cos it seems I might have gotten something wrong and taken it out of context...






What does a Judge mean when he says ''Return to status quo''?
Let us use Dino Melaye's court case as an example...

Dino Melaye Versus INEC...

The Judge asked that the case be returned to status quo meaning INEC should halt recall process right?

Isnt Status quo ''WAIT and see?Waiting meaning not doing anything for the time being?
I am confused oh and would be glad to be lectured for free....


31 comments:

Alloy Chikezie said...

Over to the lawyers in the house...

Your comment will be visible after approval.

Anonymous said...

It means keeping thing's the way they are.
In the above example it means returning to the way things are i.e to the existing state of affairs.

Anonymous said...

It means DINO has been freed and he should return back to Senate and continue his senatorial duties






@Anonymous Orubebe

Anonymous said...

Olodo

Anonymous said...

It means continuing with the recall process as before the case in court

Anonymous said...

It means the usual and normal way things are supposed to be

Anonymous said...

It means leaving things as they already are until a decision on an application or substantive matter is heard.

Anonymous said...

"Status quo ante" Means return to the state before the action was filed i.e. to dino still being a senator.... But it has to be return to status quo pending something... U didn't say what that something was

Anonymous said...

It means things should remain as they are, so he should return to senate pending any findings or judgement of the courts in due course

Sweet Mother said...

I wish I listened to my big sis and studied law I would have been able to answer your question.

lizee dozen said...

Status quo literally means "existing state or condition". Usually, a status quo order is made with a date, so a Judge might say "Parties are hereby ordered to maintain status quo ante as at 23rd June 2017". Where the order is not accompanied by a date, it takes effect from the date the order is made. Thus, it does not mean go back to the state of things before, it means let things remain as they are from the date the order specified.

I have not read the Dino Melaye Order and thus cannot rely on what both parties interprete the order to be, it's obviously done for political reasons. However, if there was no date attached to the order made, then INEC might be right in going ahead with the Recall Process being that it had already begun before the Order was made, so the status quo (which in this case would mean the Recall process) is being maintained.

Hope I did not confuse you more.

Anonymous said...

As things were before...

Halt your craziness and let things remain as they were before your craze start...

Lol

PRISCABABE said...

Returning to its original state.

Emeka Chukwurah said...

Yeah! It means let things remain as they were pending some other thing being sorted out. In this case, there's a pending case on the same matter in a court of competent jurisdiction, and until that is sorted out, let INEC halt the recall process.

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Anonymous said...

Hahahahaha @AnoniMOUS 9:38

You are shocked that I know it

So you no get talk you call yourself olodo





@Anonymous Orubebe

El Haj said...

The Judge gave an order for "status quo" as at that morning.

He should have said" status quo ante bellum" that is " things as they were before d trouble started".

The order given is capable of being interpreted here & there. If Dino is sharp he would go back to court for an order of court that Inec should stop all processes of his recall.

That order though will be a "judicial coup" against the people of Kogi west.

This is a political matter that the court will be blamed for one way or the other.

Ronalda. said...

Stellz, it will be impossible not to take it out of context unless you know the context in which it was used in the first place. To "maintain status quo" simple means to leave things or a certain situation the way ‎they were or it was. To "return to status quo" means to return something to its original state. In order words, don't alter anything, assume the original position of a situation as if nothing changed.

Now let me try to explain the context in which the Federal High Court used "maintain status quo" in its ruling. Dino Melaye, through his counsel made an exparte motion (an application made to a court by one party in the absence of the opposing party, usually due to urgently) praying the Court to halt the recall process, not indefinitely nor permanently, but till another of their application to permanently stop INEC from the recall process is heard. It is also known as an interlocutory injunction. In its wisdom, the Court ruled in favour of Dino Melaye, ordering INEC to "maintain status quo" pending the hearing of the interlocutory injuction filed by Dino against INEC.

What this simply means is, the Court has ordered INEC not to go ahead with the recall process for now until the other application has been heard. The issue is, the Court's ruling was on an exparte motion, which means INEC was not represented in court. So until INEC gets the enrolment order of the Court, it can pretend not to know about the ruling. Until yesterday, INEC regarded the order as hearsay until it was served a copy of the court's ruling and the enrolment order, yesterday. Now that INEC has been served, it has to obey the court's order even if it chooses to appeal the ruling.‎ We should be hearing INEC's reaction soon.

Ronalda. said...

Let me try to further break it down so almost everyone can understand the situation at hand. Allow me use the Lagos party as an analogy. Now let's say Stella is the Federal High Court, the Lagos party planning committee is INEC and Bv X, a male Bv, is Dino Melaye.

Bv X meets Stella to ask the planning committee to halt preparations because ‎he alleges that there has been some fraudulent conversion of funds by the committee. He explains to Stella that he has been gathering proof which will be ready in 2 weeks time but the Lagos party is slated to kick off within the week. Now Stella sees that if she doesn't halt preparations and allows the party take place, whatever evidence Bv X is gathering will be of no effect and the planning committee would have gotten away with fraud.

So, Stella now agrees to order that the planning committee should stop further preparation and act like there were never any plans to throw any Lagos party until she, Stella, has seen Bv X's evidence that there has been fraudulent conversion. Since no member of the planning committee was privy to the discussion between Stella and Bv X, though the planning committee has been reading comments about Stella's decision, it decides to continue with the planning until IHN is posted where Stella will issue a memo to that effect.

The Lagos party isn't cancelled, it is merely put on hold till Stella investigates Bv X's  ‎allegation. This is the situation on ground in the case of Dino Melaye and INEC.

Anonymous said...

Stella toto dawa dawa

Chidiogo said...

Return to status quo means return as it was. Maintain the status quo means maintain as it is. Stellastica, smh. Status quo is a common phrase

Anonymous said...

Never too late, if you have interest




@Anonymous Orubebe

jelly said...

Okay

Tuscany IG, TWITTER @onimisibespoke said...

Am not a lawyer but sometimes the law isnt or doesnt help situations. Thats why severally people go to court to interprete judgements.

Status quo means leaving things as already is.
Did the judge say maintain status quo or return to status quo.

But the problem as now which of the status?
1. To dino it means the process should be stopped till after the case is heard.
2. To inec it means since the recall process has started it should maintain the recall process till after the determination of the case.
So u see problem now.
This is where politics now comes into play because the executive will pressure inec to move ahead since dino isnt in their good books.
I hope with these few points of mine i have been able to convince and not confuse you as to the meaning of status quo.

MrsB said...

Exactly, easiest explanation. Lol. Revert to the existing status, usually ordered by a judge to stop any party from taking further action until the matter is resolved.

Ms.Lawyer said...

Status Quo simply means 'in its original form' or its form in first instance.. in Malaye's case, it would be to restore him to his position before the matter. Hope this makes sense(ms. Lawyer) first time commenter and Zillion time reader

Ms.Lawyer said...

Status Quo simply means 'in its original form' or its form in first instance.. in Malaye's case, it would be to restore him to his position before the matter. Hope this makes sense(ms. Lawyer) first time commenter and Zillion time reader

Anonymous said...

Status quo - things or events should be left as they were or in their original state which is the last actual and uncontested state of affairs before a/the controversy arose.

Please I need job.I'm a Lawyer, female, with 2yrs post call experience, i live in lagos.Thank you and God bless.

ukwu dimond said...

Lawyers abi na lairs step forward plsssssss.

Abenaa said...

Status quo means leave things or situations the way they were before the action was brought before the present person.

Chief Anonymous said...

thank you Ronalda.....you did justice to the subject matter.

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