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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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....
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...
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...
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 Was this dictum helpful? Yes 0 No 0...
It should be remembered that as a general rule forms in Schedule to enactments are inserted merely as examples and guides and are meant to be followed implicitly only so far as circumstances permit. As far back as 1843, Trindal, C.l. in a case relating to the use of forms relevant to the compliance of...
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...
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