SPECIAL PROVISION OVERRIDES GENERAL PROVISION; ANALYSING SECTION 137(1) (D) & (E)

As regards to whether paragraph (e) of Section 137(1) should be read together with paragraph (d) of that subsection, the settled rule of interpretation of the Constitution or statute is that where the court is faced with two or more differing provisions over the same subject matter, the judicial attitude is to treat the special provision as overriding the general provision, on the principle that by enacting a separate provision for a part of the general class intends that the said part shall not be treated the same with the general class. See: IWUCHUKWU & ANOR v A.G. ANAMBRA STATE & ANOR (2015) LPELR-24487(CA) at pages 62 64, paras. E – A, perAgim, JCA; MARTIN SCHROEDER & CO. v MAJOR & CO. NIG. LTD (1989) LPELR-1843(SC) at page 13, paras. E – A, per Wali, JSC; and F.M.B.N. v OLLOH (2002) 4 S.C. (Pt. 11) 177. Since in both paragraphs (d) and (e) of Section 137(1) “a sentence for the offence involving dishonesty” is mentioned but in paragraph (e) a limitation of ten years has been introduced, then it means in respect of sentence for offence of dishonesty, the two paragraphs must be read together, such that for conviction and sentence for an offence involving dishonesty, it must be within a period of less than ten years before the date of the election in order for such a conviction and sentence to be used for disqualifying a Presidential candidate from contesting the election. It is also a cardinal principle of interpretation of the Constitution that relevant provisions must be read together and not disjointly. See STATE HOUSE OF ASSEMBLY & ORS (2015) ABEGUNDE v THE ONDO LPELR-24588(SC) at pages 28 – 29, paras. D – B, per Muhammad, JSC.

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

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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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COURT IS BOUND BY STATUTE LAW

It is quite true that their Lordships, as every other Court, attempt to do substantial justice and to avoid technicalities; but their Lordships, like any other Court, are bound by the statute law, and if the statute law says there shall be no jurisdiction in a certain event, and that event has occurred, then it is impossible for their Lordships or for any other Court to have jurisdiction.

— Lord Atkin, Ohene Moore v. Akesseh Tayee (1933) JELR 85041 (WACA)

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PREAMBLE OF A STATUTE MAY BE TAKEN INTO CONSIDERATION TO DETERMINE THE MISCHIEF IT SEEKS TO CORRECT

The general principle of interpretation of statute is that the preamble or explanation note to a statute is not part of the statute. However it is permissible to take into consideration the explanatory note to a statute in determining the purpose of the statute and the mischief it seeks to correct. See YABUGBE v. C. O. P (1992) LPELR 3505 (SC) AT 28 (F-G) (1992) 4 NWLR (PT. 234) 152 AT 171 (A-C). INAKOJU and ORS. v. ADELEKE and ORS. (2007) LPELR 1510 (SC). OGBONNA v. A. G. OF IMO STATE and ORS. (1992) LPELR 2287 (SC) (1992) 1 NWLR (PT. 220) 647 AT 672(C-); FRN v. IBORI and ORS. (2014) LPELR 23214 (CA) 67 (A-D).

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

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A STATUTE IS AN EXPRESSION OF THE LEGISLATIVE WILL

In UGWU VS ARARUME (2007) 12 NWLR (pt. 1048) 367 at 498 this Court stated thus: – “A statute, it is always said, is ‘the will of the legislature’ and any document which is presented to it as a statute is an authentic expression of the legislative will. The function of the Court is to interpret that document according to the intent of those who made it. Thus, the Court declares the intention of the legislature.”

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UNIVERSITY OF LAGOS IS A CREATURE OF STATUTE, AND MUST ACT WITHIN THE FOUR WALLS

The University of Lagos is a creature of Statute and it must act within the four walls of the Statute creating it. Any contract the University makes contrary to the letter or spirit (or both) of Section 17(1) will not, as I mentioned earlier on, be intra vires, see Baroness Wenlock v. Dee River Company (supra). It will be ultra vires the powers of the Council and will be declared null and void and of no legal effect. The Respondents have no power to treat the Appellants more favourably or less favourably than is prescribed by Clause 7 of the Agreement and S.17(1) of the Act. Any such treatment that adds to or substracts from S.17(1) will be destitute of legal value.

— A. Oputa, JSC. Olaniyan & Ors. v. University of Lagos (1985) – SC.53/1985

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SPECIAL PROVISION OVERRIDES GENERAL PROVISION; ANALYSING SECTION 137(1) (D) & (E)

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

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COURT IS BOUND BY STATUTE LAW

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PREAMBLE OF A STATUTE MAY BE TAKEN INTO CONSIDERATION TO DETERMINE THE MISCHIEF IT SEEKS TO CORRECT

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A STATUTE IS AN EXPRESSION OF THE LEGISLATIVE WILL

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UNIVERSITY OF LAGOS IS A CREATURE OF STATUTE, AND MUST ACT WITHIN THE FOUR WALLS

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