A Pragma-Linguistic Interpretation of Legal Communication: A Study of Sections 133 and 134 of the Nigerian Constitutional Provisions for Presidential Election
Abstract
Legal communication, particularly in constitutional texts, is said to be characterized by its precision, formality, and strategic use of language. However, this precision often coexists with ambiguities that invite diverse interpretations, particularly in highly charged political contexts. This study examines the pragma-linguistic features of Sections 133 and 134 of the 1999 Constitution of the Federal Republic of Nigeria, focusing on the presuppositions and implicatures embedded within these provisions. Using an utterance-by-utterance analytical approach, the study investigates how the linguistic nuances of these sections formed the basis for legal arguments/turssles and political narratives across the nation during the 2023 Nigerian presidential election involving Tinubu and Obi. Drawing on theories of presupposition and implicature, the analysis uncovers the implicit assumptions and inferred meanings encoded in the constitutional language. The findings reveal how the stylo-linguistic choices in legal drafting, such as presuppositions, can form the interpretive basis in legal disputations. It also reveals how implicatures arising from legal texts can create rooms for legal contestation and generate political discourse in a nation. In general, the study further shows how the pragmatic elements of legal language may influence judicial interpretations, public discourse as well as the acceptability or rejection of an electoral outcome. This research underscores the interpretive inevitability of pragma-linguistic instrumentality to the analysis and interpretation of legal texts particularly in contexts where constitutional provisions intersect with political controversies. By illuminating the implicit dimensions of legal communication, the study contributes to a deeper understanding of how language mediates legal reasoning and democratic governance, offering insights for both linguistic scholarship and legal/constitutional endeavors.
Cite as: Ajenifari et al., JLL 14 (2025), F7–F23, DOI: 10.14762/jll.2025.F7
Keywords
pragmatics, legal communication, presupposition, implicature, politics, constitutional interpretation
Author Biography
AJENIFARI J.T.
Senior Lecturer, Department of English and Literary Studies
Dr. OMOTUNDE Samuel Adabayo
Senior Lecturer, Department of English and Literary Studies,
Dr. OBOKO U .
Department of English and Literary Studies,
References
- Adebayo, Adesanya (2010). Legal Language and Its Application in Nigeria. Ibadan: University Press.
- Ahdar, Rex & Leigh, Ian (2005). Religious Freedom in the Liberal State. Oxford: University Press.
- Ajenifari, Joshua Taiwo; Awolope, Joseph & Jelili, Adeoye (2023). Context as a pre-condition for meaning fixation in legal texts: A pragma-contextual analysis of human right treaty-based legislative text. Linglit Journal: Scientific Journal of Linguistics and Literature, 4(3), 105–116.
- Balogun, Temitope Abiodun (2012). Towards a viable language of human rights activism in Nigeria. European Scientific Journal, 8(4).
- Coulthard, Malcolm & Johnson, Alison (2007). An Introduction to Forensic Linguistics: Language in Evidence. London: Routledge.
- David Mellinkoff. The Language of the Law. Boston: Little, Brown & Co. 1963:vi.
- Edwin, Tanner. (2010). Legal Language and the Non-Law. Research Student. Availbable at austlii.edu.au/cgi-bin/viewdoc/au/journals/JlALawTA/2010/9.html (accessed 1 May 2025).
- Gibbons, John (2003). Forensic Linguistics: An Introduction to Language in the Justice System. Oxford: Blackwell Publishing.
- Goldsworthy, Jeffrey (2006). Interpreting Constitutions: A Comparative Study. Oxford: University Press. Grice, Herbert Paul (1975). Logic and conversation. Cole & Morgan (Eds.), Syntax and Semantics, 3 (pp. 41–58). New York: Academic Press.
- Höfler, Stefan (2014). Between conciseness and transparency: Presuppositions in legislative texts. International Journal for the Semiotics of Law, 27(4), 627–644.
- Jowitt, David (2021). The Nigerian Legal System: Structure and Language. Jos: Emerald Publications.
- Katz, I. (1997). Legal disputes and electoral law: The role of language in electoral conflict. Journal of Law and Politics, 15(2), 31–42.
- Levinson, Stephen (1983). Pragmatics. Cambridge: University Press.
- Lisina, Natalia (2013). Stylistic Features of Legal Discourse: A Comparative Study of English and Norwegian Legal Vocabulary. An Unpublished Thesis: University of Oslo.
- Nwabueze, Ben (1982). The Presidential Constitution of Nigeria. C. Hurst & Co.
- Pildes, Richard (2004). The law and politics of electoral disputes. Columbia Law Review, 104(3), 56–75.
- Sadock, Jerrold (2004). Speech acts and pragmatics. Horn & Ward (Eds.), The Handbook of Pragmatics (pp.131–156). Oxford: Blackwell Publishing.
- Tiersma, Peter (1999). Legal Language. Chicago: University Press.
- Tinuoye, Michael (2003). “What is Language?” Obafemi & Babatunde (Eds.), Studies and Discourse in English Language (pp. 1–27). Ilorin: Haytee Press.
- Trosborg, Anna (1997). Text Typology and Translation: Vol. 26. Benjamins Translation Library. John Benjamins Publishing.