NOT THE DUTY OF A COURT TO FILL GAPS IN STATUTES

In Adewunmi v. A-G., Ekiti State (2002) 2 NWLR (Pt. 751) 474, Wali, J.S.C. said at page 512: “In cases of statutory construction the court’s authority is limited. Where the statutory language and legislative intent are clear and plain, the judicial inquiry terminates there. Under our jurisprudence, the presumption is that ill-considered or unwise legislation...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

SPECIAL PROVISIONS DEROGATE FROM GENERAL PROVISIONS

The law is settled that in the interpretation of statutes, special things derogate from general things (generalibus specialia derogat). Where there is a conflict between two legislations one of which is special on a subject and the other legislation is general in nature, the legislation that is special in nature shall supersede. – H.M. Ogunwumiju,...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

DEFINITION OF “SECONDMENT”

The term secondment is mostly used in the public service which is not the case in the instant suit. That notwithstanding, the Black’s Law Dictionary at page 1555 defines ‘secondment’ as “a period of time that a worker spends away from his or her usual job”. The court in the case of ALHAJI HAMZA DALHATU v. ATTORNEY GENERAL, KATSINA STATE & ORS (2007) LPELR-8460(CA) also reckoned the meaning of secondment as used in the Public service rules when it stated that: “SECTION 6 – TRANSFERS AND SECONDMENT 02601 – TRANSFER is the permanent release of an officer from one service to another or from one class to another within the same service. SECONDEMENT means the temporary release of an officer to the service of another Government or Body for a specified period.” Per ARIWOOLA, J.C.A. (P.34, paras. A-B).

— Z.M. Bashir, J. Gbaraka v Zenith Securities & Anor. (2020) – NICN/PHC/45/2018

Was this dictum helpful?

COURT SHOULD AVOID INTERPRETATION THAT WOULD REDUCE THE LEGISLATURE TO FUTILITY

Where there are two choices of interpretation. The court should always avoid the interpretation that would reduce the legislation to futility and adopt the one that would bring about the effective result. – Nnaemeka-agu, JSC. Ude v. Nwara (1993) Was this dictum helpful? Yes 0 No 0...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

WHERE WORDS ARE UNAMBIGUOUS

According to the canons of interpretation of statutes, it is a cardinal principle that, where the ordinary and plain meaning of words used are clear and unambiguous, effect must be given to those words in their natural and ordinary meaning or literal sense without resorting to any intrinsic aid. – Tijjani Abubakar, JSC. Nwobike v....

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

PROVISION OF STATUTES ARE TO BE TAKEN AS A WHOLE

The position of the law is that when interpreting statutes, the provisions of the statute are to be taken as a whole and the review of any section therein cannot be severed from other sections. – H.M. Ogunwumiju, JCA. ITV v. Edo Internal Revenue (2014) – CA/B/20/2013 Was this dictum helpful? Yes 0 No 0...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

WHERE PROVISIONS ARE UNAMBIGUOUS, MUST BE GIVEN ORDINARY MEANING

Reach more audience. Place advert here.

Was this dictum helpful?

NOT THE DUTY OF A COURT TO FILL GAPS IN STATUTES

SPECIAL PROVISIONS DEROGATE FROM GENERAL PROVISIONS

DEFINITION OF “SECONDMENT”

Was this dictum helpful?

COURT SHOULD AVOID INTERPRETATION THAT WOULD REDUCE THE LEGISLATURE TO FUTILITY

WHERE WORDS ARE UNAMBIGUOUS

PROVISION OF STATUTES ARE TO BE TAKEN AS A WHOLE