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COURT IS BOUND BY STATUTE LAW

Dictum

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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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...

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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...

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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 Was this dictum helpful? Yes 0 No 0...

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