It is wrong to import into a statute what it has not said.
– Ubaezonu JCA. Coker v. Adetayo (1992)
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There is also the related issue and it is that where a Court of law is exposed to two provisions; one general and the other specific, the Court will fall upon the specific provision, in the event of an apparent conflict.
– T.N. Orji-Abadua, JCA. Kabau v. Rilwanu (2013) – CA/K/179/2001
It is now trite law that in the quest to interpret or construe the provisions of a statute or the Constitution, the Court or Tribunal must construe or interpret the statute or the Constitution in order to bring out plainly the real intention of the Lawmaker or the framers of the Constitution and thus enhance its purpose. The Court or Tribunal has a bounden duty to consider as a whole the entire provisions of the law or the Constitution involved. The Statute or the Constitution in question must not be construed in a manner that will do violence to the provisions being interpreted and must not be interpreted to defeat the ultimate design or purpose of the Constitution or statute that calls for interpretation.
– OLABISI IGE, JCA. Petroleum Resources v. SPDC (2021)
Halsbury’s Laws of England, Volume 14 paragraphs 904 and 906, which read: “Except insofar as they are clearly and unambiguously intended to do so, statutes should not be construed so as to make any alteration in the common law or to change any established principle of law, or to alter completely the character of the principle of law contained in statutes which they merely amend. There is no presumption that by legislating Parliament intended to change the law. ” “Unless it is clearly and unambiguously intended to do so, a statute should not be construed so as to interfere with or prejudice established private rights under contracts or the title to property, or so as to deprive a man of his property without his having an opportunity of being heard.”
– Cited in Abioye v. Yakubu (1991) – SC.169/1987
Therefore, the cardinal rule of construction and interpretation of statutes is that unless there is express provision in clear and unambiguous words within a statute expropriating the property of a person, the statute should be construed in favour of the person in whom the property has been vested and it should not be construed so as to deprive the person of his property without compensation. This rule of interpretation is in accord with the provisions of
Sections 31 and 40 of our 1963 and 1979 Constitutions respectively which enjoined compulsory acquisition of property without compensation.
– M. Bello, CJN. Abioye v. Yakubu (1991) – SC.169/1987
Thus, in the interpretation of the Constitution, the principles upon which the Constitution was established rather than the direct operation or literal meaning of the words used, measure the purpose and scope of its provisions. See: GLOBAL EXCELLENCE COMMUNICATIONS LTD v DONALD DUKE (2007) 6 NWLR (Pt. 1059) 22 at 41 – 41 (SC); (2007) LPELR-1323 (SC) at pages 18 19; A.G. OF BENDEL STATE v A.G. FEDERATION (1982) 3 NCLR 1;SARAKI v FRN (2016) 3 NWLR (Pt. 1500) 531; SKYE BANK PLC v IWU (2017) 16 NWLR (Pt. 1590) 124; SHELIM v GOBANG (2009) All FWLR (Pt. 496) 1866 at 1878 (SC).
— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023
I return to section 146(1) of the Electoral Act. The third word in the section is “shall”. It is an obligatory and mandatory word conveying a command and compulsion. It is peremptory in nature and content. It is a word of authority imposing a duty mostly on an unnamed person. Courts of law mostly interpret the word in the above context of authority and command; bereft of discretion. (See Achineku v Ishagba (1988) 4 NWLR (Part 89) 411; UNTHBM v Nnoli (1994) 8 NWLR (Part 363) 376; Lt.-Gen Bamaiyi (Rtd) v Attorney-General of the Federation (2001) 12 NWLR (Part 727) 468; Ogidi v The State (2005) 5 NWLR (Part 918) 286). Although the word could, at times, convey a permissive meaning, like “may” it is my view that it conveys its usual and ordinary meaning of obligation and command in section 146(1).
— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008
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