INTERPRETATION SHOULD NOT DEFEAT THE ULTIMATE DESIGN OF THE STATUTE

THE WORDS OF THE STATUTES BEST DECLARES THE INTENTION OF THE LEGISLATORS

It is a cardinal rule of the construction of statutes that statutes should be construed according to the intention expressed in the statutes themselves. If the words of the statutes are themselves precise and unambiguous, then, no more is necessary than to expound the words in their natural and ordinary sense. The words of the statutes do alone, in such a case, best declare the intention of the lawmaker – See Ahmad v. Kassim (1958) SCNLR 58; (1958) 1 NSCC II; Capper v. Baldwin (1965) 2Q.B. 53 at p. 61; Cargo ex Argos, (1873) L.R. 5 P.C.134 at p. 153. In the case of Barnes v. Jarvis. (1953) 1 W.L.R. 649.

— Uwais, CJN. Ibrahim v Barde (1996) – SC.74/1995

WHAT IS A DISPUTE – SECTION 232(1) 1999 CONSTITUTION

It has been held by this Court vide Belgore, JSC (as he then was) in AG of the Federation vs AG of Abia State (2001) 11 NWLR (pt. 725) 689-at 737, inter alia, that the term dispute as used in section 232(1) of the 1999 Constitution “Involves acts of argument, controversy, debate, claims as to rights whether in law or facts varying opinion, whether passive or violent or any disagreement that can lead to public anxiety or disquiet…”

STATUTE TO BE INTERPRETED IN ORDINARY AND LITERAL MEANING

In any case, the provisions of section 232 of the 1999 Constitution are quite clear. It is now well settled that the duty of this Court and indeed any other court, is to interpret the words contained in the Constitution, and any statute in their ordinary and literal meaning. Certainly, it is not the duty of the court to go outside words used in a statute and import an interpretation which may be or is convenient to it or to the parties or to one of the parties.

— Mohammed JSC. AG Kano State v AG Federation (2007) – SC 26/2006

STATUTES ARE TO BE READ AS A COMPOSITE WHOLE

There are certain settled principles that guide the Court in the interpretation of statutes. Generally, statutory provisions must be interpreted in the context of the whole statute and not in isolation. They must be interpreted in a manner that is most harmonious with its scheme and general purpose. Furthermore, where the subject matter being construed relates to other sections (or subsections) of the same statute, they must be read, considered and construed together as forming a composite whole. See: General Cotton Mill Ltd. Vs Travellers Palace Hotel (2018) 12 SC (Pt. II) 106 @ 130 lines 14 -35; 168 lines 20 – 31. See also: Obi Vs INEC (2007) 7 SC 268; Akpamgbo-Okadigbo & Ors. Vs Chidi & Ors. (2015) 3 – 4 SC (Pt. III) 25; Nobis-Elendu Vs INEC (2015) 6 – 7 SC (Pt. IV) 1.

— K.M.O. Kekere-Ekun JSC. Umeano v. Anaekwe (SC.323/2008, Friday January 28 2022)

DEFINITION OF “JUDICIAL” AND “JUDICIOUS”

The terms “Judicial” and “Judicious” were defined by the Supreme Court in the case of ERONINI v IHEUKO (1989) 2 NWLR (101) 46 at 60 and 61as follows: “Acting judicially imports the consideration of the interest of both sides weighing them in order to arrive at a just or fair decision. Judicious means:(a) proceeding from or showing sound judgment; (b) having or exercising sound judgment; (c) marked by discretion, wisdom and good sense.”