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INTERPRETATION OF S.88(2) CFRN 1999

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Dictum

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)

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“MAY” MEANS MANDATORY WHERE A DUTY IS IMPOSED

UDE V. NWARA & ANOR. (1993) JELR 43303 (SC): “I agree with Chief Umeadi that although section 28(1) of the Law states that the lessor “may enter a suit”, “may” should be construed as mandatory i.e. as meaning “shall” or “must”. I believe that it is now the invariable practice of the courts to interpret “may” as mandatory whenever it is used to impose a duty upon a public functionary the benefit of which enures to a private citizen.”

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INTENTION CAN BE ASCERTAINABLE FROM THE DOCUMENT

The learned trial Judge considered the somewhat exclusive character of the occupation of the petrol station by the respondent and gave weight to some expressions used in the agreement as words indicating that a tenancy as distinct from a licence is the subject matter of the agreement. I have not the slightest doubt he was right in considering these expressions: he was right in considering the character of the occupation; but it appears to me it was his duty to do more than this. It was also his duty to consider the conduct of the parties as well as their intention, particularly when such intention is ascertainable from the document or agreement as a whole.

– Ademola, CJF. Mobil v. Johnson (1961)

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ENTIRE PROVISIONS OF THE STATUTE MUST BE READ TOGETHER TO DETERMINE INTENTION OF THE LEGISLATURE

The law is settled that in order to discover the real intention of the legislature, the entire provisions of statute must be read together as a whole. No section of a statute should be read and construed in isolation. If the entire provisions of the FIA are read together, it becomes clear that before a request for access to information relating to personal information of an individual in the custody of a public official or public institution can be granted, the applicant must show to the institution or the Court where an applicant approaches the Court for a review of decision of a public institution to deny access to personal information in its custody, the existence of any of the conditions or situations stated under Section 14(2) and (3) of the Act.

— M.O. Bolaji-Yusuff, JCA. CCB v Nwankwo (2018) – CA/E/141/2017

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CARDINAL PRINCIPLE OF INTERPRETATION: ORDINARY MEANING

It is a fundamental and cardinal principle of interpretation of statutes that where in its ordinary meaning a provision is clear and unambiguous, effect should be given to it without resorting to external aid. See A.-G., Federation v. A.-G., Abia State & Ors. (No.2) (2002) 6 NWLR (Pt. 764) 542 at 794 paras. B – C per Uwais CJN; A-G., Bendel State v. A.-G., Federation (1983) 1 SCNLR 239.

— M. Peter-Odili, JCA. CAC v. Ayedun (2005) – CA/A/152/2004

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GUIDING PRINCIPLES TO THE INTERPRETATION OF THE NIGERIAN CONSTITUTION

In FRN V NGANJIWA, which was cited by the Petitioners as SC/794/2019, but which is reported as FRN v NGANJIWA (2022) LPELR-58066(SC), the Supreme Court has succinctly reviewed decided cases on interpretation of the Constitution and outlined these guiding principles: (a) In interpreting the Constitution, which is the supreme law of the land, mere technical rules of interpretation of statutes should be avoided, so as not to defeat the principles of government enshrined therein. Hence a broader interpretation should be preferred, unless there is something in the text or in the rest of the Constitution to indicate that a narrower interpretation will best carry out the objects and purpose of the Constitution. (b) All Sections of the Constitution are to be construed together and not in isolation. (c) Where the words are clear and unambiguous, a literal interpretation will be applied, thus according the words their plain and grammatical meaning. (d) Where there is ambiguity in any Section, a holistic interpretation would be resorted to in order to arrive at the intention of its framers. (e) Since the draftsperson is not known to be extravagant with words or provisions, every section should be construed in such a manner as not to render other sections redundant or superfluous. (f) If the words are ambiguous, the law maker’s intention must be sought, first, in the Constitution itself, then in other legislation and contemporary circumstances and by resort to the mischief rule. ) The proper approach to the construction of the Constitution should be one of liberalism and it is improper to construe any of the provisions of the Constitution as to defeat the obvious ends which the Constitution was designed to achieve. See also on this: NAFIU RABIU v STATE (1980) 8 11 S.C. 130 at 148; A.G. BENDEL STATE v A.G. FEDERATION & ORS (1981) N.S.C.C. 314 at 372 – 373; BUHARI v OBASANJO (2005) 13 NWLR (Pt. 941) 1 at 281; SAVANNAH BANK LTD v AJILO (1989) 1 NWLR (Pt. 97) 305 at 326; and A.G., ABIA STATE v A.G. FEDERATION (2005) All FWLR (Pt. 275) 414 at 450, which were also referred to by the Apex.

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

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