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MEANING OF “SUBJECT TO”

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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.”

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interpretation

COURT SHOULD AVOID CONSTRUCTION THAT WILL CAUSE CHAOS

In Okotie Eboh v. Manager (supra) Pats-Acholonu, JSC (of blessed memory) pronounced as follows: ‘An interpretation that seeks to emasculate should be avoided as it would do disservice to the citizenry and confine everyone into a legal container or labyrinth from which this court may not easily extricate itself ——– I believe that though justice...

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WORDS AND PHRASES ARE TO BE GIVEN THEIR ORDINARY MEANING

Under the literal rule of interpretation of statute, words and phrases in enactments are to be given their ordinary, original or grammatical meanings even if it will create hardship, inconvenience or injustice to the parties in so far as it will not result to absurdity. See, B.A.J (NIG) LTD. v. OGUNSEYE (2010) 4 NWLR (1184)...

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WHERE INTERPRETATION IS CAPABLE OF TWO MEANINGS, ADOPT A NON-DEFEATIST APPROACH

It is settled that where in the interpretation of a word appearing in a particular piece of legislation, such word is capable of two meanings, the court has a duty to adopt an interpretation which would not defeat the intention of the law makers. See Mandara v. Attorney-General, Federation (1984) NSCC 221; Yabugbe v. C.O.P....

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INTERPRETATION OF CONSTITUTION IS DIFFERENT FROM INTERPRETATION OF STATUTES

It is pertinent to state that unlike interpretation of statutes, the interpretation of Constitution has its own guiding principles. In FRN V NGANJIWA, which was cited by the Petitioners as SC/794/2019, but which is reported as FRN v NGANJIWA (2022) LPELR-58066(SC), the Supreme Court has succinctly reviewed decided cases on interpretation of the Constitution and...

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EXCEPT DECLARED, STATUTES DOES NOT MAKE ALTERATION IN THE COMMON LAW

Halsbury’s Laws of England, Volume 14 paragraphs 904 and 906, which read: “Except insofar as they are clearly and unambiguously intended to do so, statutes should not be construed so as to make any alteration in the common law or to change any established principle of law, or to alter completely the character of the...

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CONSTITUTIONAL PROVISIONS ARE TO BE READ AS A WHOLE TO DISCOVER THEIR OBJECTS

The provisions in the 1979 Constitution are thus unique in the sense that they are intended to deal with the peculiar circumstances of Nigeria. A foray into the Constitutions of other nations, useful, though it may be, cannot be of much assistance. It is therefore of paramount importance when construing the Constitution, that one should...

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