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EXPRESSIO UNIUS EST EXCLUSION ALTERIUS

Dictum

A-G. of Bendel State v. Aideyan (1989) 4 NWLR 646. This is that the express mention of one thing in a statutory provision automatically excludes any other which otherwise would have applied by implication, with regard to the same issue.

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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...

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WORDS LOSE THEIR ORDINARY MEANING ONCE DEFINED BY THE COURTS OR STATUTE

WORDS LOSE THEIR ORDINARY MEANING ONCE DEFINED BY THE COURTS OR STATUTE

C.B.N. v. Lidan Eng. Ltd. (2026) 12 NWLR (Pt. 2053) 35 at 65, D—E: ‘The settled posture of the law is that once a word or a phrase in an enactment has been judicially or statutorily defined, it bears that meaning assigned to it and sheds/drops its ordinary or technical meaning. Put simply, the moment a word or phrase has received a judicial explanation or definition, a fortiori from the apex court, the courts are bound to kowtow to that meaning in subsequent proceedings.’

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IF A STATUTE IS PLAIN, THE DUTY OF INTERPRETATION DOES NOT ARISE

In CAMINETTI V. UNITED STATES, 242 U.S. 470 (1917), the Court while applying the Literal rule of interpretation in its reasoning held thus: “It is elementary that the meaning of a statute must, in the first instance, be sought in the language in which the act is framed, and if that is plain… the sole function of the courts is to enforce it according to its terms.” And if a statute’s language is plain and clear, the Court further warned that “the duty of interpretation does not arise, and the rules which are to aid doubtful meanings need no discussion.”

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INTERPRETATION OF SECTION 137(1)(D) OF THE 1999 CONSTITUTION

The Petitioners have centered their contention on the provisions of Section 137(1)(d) of the 1999 Constitution which reads as follows: “137(1) A person shall not be qualified for election to the office of President if – (d) he is under a sentence of death imposed by any competent court of law or tribunal in Nigeria...

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SECTIONS OF STATUTE BE READ TOGETHER

One of the important principles in the interpretation of statutes is that the clauses or sections of the Act or statute should be construed together. – Nnamani, JSC. Savannah v. Ajilo (1989) Was this dictum helpful? Yes 0 No 0...

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