The settled position of the law is that provisions of a statute must not be constructed in a way as would defeat the intendment of the statute and the desire of the legislature. The court should not interpret the provisions of the statute to defeat the obvious end it was meant to serve otherwise it will entail injustice. Where the words of the statute are plain and unambiguous the literal interpretation should be followed.
— Ige JCA. Agbi V. FRN (CA/A/873C/2019, 25 March 2020)
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Therefore, the cardinal rule of construction and interpretation of statutes is that unless there is express provision in clear and unambiguous words within a statute expropriating the property of a person, the statute should be construed in favour of the person in whom the property has been vested and it should not be construed so as to deprive the person of his property without compensation. This rule of interpretation is in accord with the provisions of
Sections 31 and 40 of our 1963 and 1979 Constitutions respectively which enjoined compulsory acquisition of property without compensation.
– M. Bello, CJN. Abioye v. Yakubu (1991) – SC.169/1987
Where there are two choices of interpretation. The court should always avoid the interpretation that would reduce the legislation to futility and adopt the one that would bring about the effective result.
– Nnaemeka-agu, JSC. Ude v. Nwara (1993)
Megarry J in Clerk Ltd. v. Inland Revenue Commissioners (1973) 2 All E.R.513 at 520: “The phrase ‘subject to’ is a simple provision which merely subjects the provisions of the subject subsection to the provisions of the master subsections. Where there is no clash, the phrase does nothing; if there is collision the phrase shows what is to prevail.”
The law is trite that where there is a specific legislation on a matter, the general principle of law must give way and cannot override the specific provisions of law on the subject. See Orubu v. INEC (1988) 12 SCN) 256 at 349, Unity Bank Plc. v. Kay Plastic Nig. Limited & anor (2011) LPELR 8839 (CA).
– T. Akomolafe-Wilson, JCA. Onnoghen v. FRN (2019) – CA/A/44C/2019
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)
On the other hand where the literal interpretation of the provision of a Statute will result in some ambiguity or injustice, the Court may seek internal aid within the body of the statute itself or external aid from statutes which are in pari materia in order to resolve the ambiguity or to avoid doing injustice in the matter.
– Nwaoma Uwa, JCA. NOGA v. NICON (2007)
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