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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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Dictum

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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STATUTES SHOULD NOT BE INTERPRETED TO DEFEAT THE INTENTION OF THE LEGISLATURE

It will in my view, be absurd, especially if one takes into account that there was no Chief Judge or Customary Court of Appeal President in Rivers State as at the time of constituting the tribunal. It is trite law that provisions of statutes should not be construed in a way as would defeat the intention of the legislature or to defeat the ends it was meant to serve or where it will cause injustice. The law is well settled too, that where the A interpretation of a word in a statute is capable of being given two meanings, the court saddled with the responsibility of interpreting such word shall adopt and use the interpretation which would not defeat the intention of the law makers. See Yabugbe v. C.O.P. (1992) 4 SCNJ 116; Lawal v. GB Ollivant (1972) SC 124.

— Sanusi, JSC. Wike Nyesom v. Peterside, APC, INEC, PDP (SC. 718/2015, 27 Oct 2015)

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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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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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NEXT LAW IN HIERARCHY TO THE CONSTITUTION

The law next in hierarchy to the Constitution is, an Act of the National Assembly. — A.O. Obaseki-Adejumo, JCA. FRSC v Ehikaam (2023) – CA/AS/276/2019

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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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