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A RETROSPECTIVE OPERATION IS NOT TO BE GIVEN TO A STATUTE UNLESS EXPRESSLY INTENDED

Dictum

✓ In Re Athlumney (1898) 2 Q.B. 547, Wright J opined thus:-“Perhaps no rule of construction is more firmly established than this, that a retrospective operation is not to be given to a statute so as to impair an existing right or obligation, otherwise than as regards a matter of procedure, unless that effect cannot be avoided without doing violence to the language of the enactment; If the enactment is expressed in a language that is fairly capable of either interpretation, it ought to be construed as prospective only.”

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INTERPRETATION OF S.22 LAND USE ACT

Firstly, the position of section 22 of the Act, is undoubtedly, that a holder of a right of occupancy, may enter into an agreement or contract, with a view to alienating his said right of occupancy. In entering into such an agreement or contract, he does not need the consent of the Governor. He merely...

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THE PHRASE “IN LIEU OF NOTICE”

I consider it necessary to say something about the phrase “in lieu of notice” which is liable to be misunderstood, in this connection. The phrase has been defined in the Concise Oxford Dictionary of English Language 4th Ed. page 687 as “in the place, instead of “. Black’s Law Dictionary, Sixth Ed. P.787, also defines...

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LEGISLATION WITH RETROSPECTIVE EFFECT

Thus, the effect of making Exhibit 7, a subsidiary legislation with retrospective effect, to take care of the appointment process of the Emirship of Suleja, which as I earlier pointed out, has the force of law and now over-rides customary law. This is the moreso, in the instant case where confusion characterising the kingmaker’s body...

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MARGINAL NOTES IN STATUTES

Marginal notes, otherwise known as side notes or section heads are short notations appearing above or beside each section of a statute or regulation. While marginal notes are not part of a statute, they provide an interpretative aid to Courts and are useful in considering the purpose of a section and the mischief at which...

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WHEN STATUTE MAY BE CONSTRUED RETROSPECTIVELY

The retrospective nature of a statute may concern the whole provisions of the Statute, as where the commencement date so indicates; or may concern only a section of the statute – see Lauri v. Renad. (1892) 3 Ch. 402 at p. 421; Pardo v. Bingham, (1868 -69) 4 L.R.Ch. App. 735 at p. 739 and...

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