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PURPOSEFUL INTERPRETATION OF A STATUTE

Dictum

For the purposeful interpretation of a statute, the law requires that the sections of the statute be read and considered in community, wholistically or together and not some or individual sections in isolation of the others.

– Garba, JCA. Dunlop v. Gaslink (2018)

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COURT WILL CONSIDER ALL DOCUMENTS BEFORE IT WHOLLY

It is settled that in the consideration of an agreement where there are series of correspondences between the Parties, it is the duty of the Court to consider all the correspondences in order to decipher what they are saying with regards to the arrangement see Udeagu V. Benue Cement Co. Plc. (2006) 2 NWLR (Pt. 965) 600.

— A.A. Augie, JSC. Berger v Toki Rainbow (2019) – SC.332/2009

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EXCEPT DECLARED, STATUTES DOES NOT MAKE ALTERATION IN THE COMMON LAW

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

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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

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IMMUNITY – CONSTITUTION MUST BE INTERPRETED ACCORDING TO ITS SPIRIT AND INTENTION OF THE FRAMERS

To hold that the governor is immune in such proceedings is to go counter to the spirit and intent of our Constitution. This standpoint is better appreciated when one envisages a situation where a person is sworn in as a governor, but is later discovered to be a person of questionable character who won the election with doubtful papers, if he is immune, it would mean that an election tribunal provided for under the Constitution, will not be able to question his election and do something about it through the judicial process. In other words, the Constitution would have acted in vain in setting up election Tribunals. That cannot be so. The Constitution is the highest law of the land, and its interpretation must accord with the letter and spirit of the Constitution to reflect the intention of the framers, particularly in a democracy such as ours where election matters have taken on the hue of a do or die affair. It is in the light of this that I uphold the submissions of the appellant that election petitions being a special proceedings, a governor or any occupant of that office mentioned in section 308 of the 1999 Constitution does not enjoy immunity when it comes to an election petition, which seeks for the determination of his election.

— A. Augie, JCA. AD v. Fayose (2004) – CA/IL/EP/GOV/1/2004

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BY INTERPRETATION ACT, SINGULAR MEANS PLURAL IN ANY LEGISLATION

Let me hasten to state that even if the phrase any person denotes singular, by Section 14 of the Interpretation Act, in construing enactments, words in the singular include the plural and words in the plural include the singular. See COKER v. ADETAYO (1996) 6 NWLR (PT 454) 258 at 266, UDEH v. THE STATE (1999) LPELR (3292) 1 at 16-17 and APGA v. OHAZULUIKE (2011) LPELR (9175) 1 at 24-25.

— U.A. Ogakwu, JCA. ITDRLI v NIMC (2021) – CA/IB/291/2020

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READ A STATUTE AS A WHOLE

To ascertain the correct interpretation of the provision of section 34(2) vis that of section 22 of the Act, the Land Use Act is to be read as a whole. Every clause of a statute is to be construed with reference to the context of other clauses of the Act so as far as possible to make a consistent enactment of the whole statute.

– Obaseki, JSC. Savannah v. Ajilo (1989)

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