By E. Monjok Agom
A recent controversy surrounding the Ordinary President, of the popular Human Rights Radio and Television, who had initiated a petition to the National Assembly, highlighted the importance of understanding the distinction between a hearing notice and a summons. The Ordinary President, not Godswill Akpabio, the Senate President, initiated the petition or hearing, and the subsequent invitation to attend the case was misconstrued as a summons instead of a hearing notice as a result of the title of the invitation.
THE MISUSE OF LEGAL TERMINOLOGY
The misuse of these legal terms led to allegations of victimization. However, it is essential to understand that a hearing notice is a formal document that informs a party of an upcoming hearing, providing essential details such as date, time, and location. On the other hand, a summons is a more formal and authoritative document that requires a party to appear in court, failing which a decision may be taken in default of appearance.
THE DISTINCTION BETWEEN A HEARING NOTICE AND A SUMMONS
The key differences between a hearing notice and a summons lie in their purpose, authority, and recipients. A hearing notice is typically used for routine matters, whereas a summons is issued to a defendant or respondent, requiring them to respond to a complaint or petition.
A hearing notice is usually issued to inform a party of an upcoming hearing, whereas a summons is used to “compel” a party to appear in court. The tone and language used in a summons are more formal and authoritative, emphasizing the importance of the party’s attendance.
THE CONTROVERSY SURROUNDING THE ORDINARY PRESIDENT’S PETITION
In the context of the Ordinary President’s petition to the National Assembly, the invitation to attend the case should have been titled a hearing notice, not a summons. As the initiator of the petition, the Ordinary President would not be considered a defendant or respondent, and therefore, a summons would be misplaced.
THE IMPORTANCE OF UNDERSTANDING LEGAL TERMINOLOGY
The misuse of these terms of art highlights the importance of understanding legal terminology to avoid unnecessary controversy and ensure fair proceedings. The correct use of legal terms is crucial in maintaining the integrity of the legal system. By recognizing the distinction between a hearing notice and a summons, we can prevent misconceptions and ensure that justice is served.
CONCLUSION
In conclusion, the controversy surrounding the Ordinary President’s petition to the National Assembly serves as a reminder of the importance of understanding the distinction between a hearing notice and a summons. By recognizing the correct use of these legal terms, we can prevent misconceptions and ensure that justice is served. As we strive to maintain the integrity of our legal system, it is essential that we prioritize clarity and precision in our use of legal terminology. This is even more compelling for a document emanating from the National Assembly of Nigeria.
E. Monjok Agom
