SPECIAL PROVISIONS DEROGATE FROM GENERAL PROVISIONS

The law is settled that in the interpretation of statutes, special things derogate from general things (generalibus specialia derogat). Where there is a conflict between two legislations one of which is special on a subject and the other legislation is general in nature, the legislation that is special in nature shall supersede.

– H.M. Ogunwumiju, JCA. ITV v. Edo Internal Revenue (2014) – CA/B/20/2013

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WHERE INTERPRETATION IS NEEDED ORIGINATING SUMMONS IS APPROPRIATE

KEYAMO VS. HOUSE OF ASSEMBLY, LAGOS STATE (2000) 11 W.R.N. 29 at 40, (2000) 12 NWLR (Pt. 680) 796 at 213 stated as follows: “I must state that the correct position of the law is that originating summons is used to commence an action where the issue involved is one of the construction of a written law or of any instrument made under a written law, or of any deed, contract or other document or some other question of law or where there is unlikely to be any substantial dispute of fact. This is the provision of Order 3 Rule 2 (2) of the Lagos State Civil Procedure (supra)”

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LEAN TO BROADER INTERPRETATION IN STATUTES; INTERPRETATION SHOULD NOT DEFEAT PURPOSE OF STATUTE

In Rabiu v. State (1980) 8-11 SC. 130 at 148-149; Udoma JSC opined: In my view, this Court should whenever possible, and in response to the demands of justice, lean to the broader interpretation; unless there is something in the text or in the rest of the Constitution to indicate that the narrower interpretation will best carry out the objects and purposes of the Constitution…I do not conceive it to be the duty of this Court to construe any of the provisions of the Constitution as to defeat the obvious ends the Constitution was designed to serve where another construction equally in accord and consistent with the words and sense of such provisions will serve to enforce and protect such ends.”

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READ A STATUTE AS A WHOLE

To ascertain the correct interpretation of the provision of section 34(2) vis that of section 22 of the Act, the Land Use Act is to be read as a whole. Every clause of a statute is to be construed with reference to the context of other clauses of the Act so as far as possible to make a consistent enactment of the whole statute.

– Obaseki, JSC. Savannah v. Ajilo (1989)

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INTERPRETATION OF SECTION 137(1)(D) OF THE 1999 CONSTITUTION

The Petitioners have centered their contention on the provisions of Section 137(1)(d) of the 1999 Constitution which reads as follows: “137(1) A person shall not be qualified for election to the office of President if – (d) he is under a sentence of death imposed by any competent court of law or tribunal in Nigeria of a sentence of imprisonment or fine for any offence involving dishonesty or fraud by whatever name called or for any other offence imposed on him by any court tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal.” A careful examination of the above provision shows that the operative words of that paragraph of the Section are “sentence”, “imprisonment or fine” and “for any offence.” … It is discernible from the above that the “fine” referred to in paragraph (d) of Section 137(1) quoted above is one which emanates from a sentence for a criminal offence involving dishonesty or fraud. The words “for imprisonment or fine” also pre-supposes that the “fine” envisaged under the section is one which is imposed as an alternative to imprisonment. In other words, the provision of Section 137(1)(d) relates to sentence of death, or sentence of imprisonment or fine imposed as a result of a criminal trial and conviction.

— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023

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INTERPRETATION OF S.88(2) CFRN 1999

It cannot escape notice that under section 88(2) above, the 1st defendant can only conduct the stated investigation in two situations for the purpose of enabling it to – (a) Make laws with respect to any matter within its legislative competence and correct any defects in existing laws; and (b) Expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated to it.

– Oguntade, JCA. El-Rufai v. House of Representatives (2003)

COMMON SENSE TO AID IN STATUTORY INTERPRETATION

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SPECIAL PROVISIONS DEROGATE FROM GENERAL PROVISIONS

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WHERE INTERPRETATION IS NEEDED ORIGINATING SUMMONS IS APPROPRIATE

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LEAN TO BROADER INTERPRETATION IN STATUTES; INTERPRETATION SHOULD NOT DEFEAT PURPOSE OF STATUTE

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READ A STATUTE AS A WHOLE

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INTERPRETATION OF SECTION 137(1)(D) OF THE 1999 CONSTITUTION

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INTERPRETATION OF S.88(2) CFRN 1999

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