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WHERE PROVISIONS ARE UNAMBIGUOUS, MUST BE GIVEN ORDINARY MEANING

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ATTORNEY GENERAL OF THE FEDERATION VS. THE GUARDIAN NEWSPAPER (1999) 9 N.W.L.R. (PART. 618), page 187 wherein IGU, JSC at page 264, paragraph G – H of the report had this to say – : “…And where the words used or the provision of any section the law are clear and unambiguous, they must be given their ordinary meaning unless, of course, this would lead to absurdity or be in conflict with other provisions of the law.”

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interpretation

PARLIAMENT DOES NOT INTEND ALTERATION BEYOND THAT STATED

Maxwell on Interpretation of Statutes 12th Ed. page 116. The statement of the law reads: “Few principles of statutory interpretation are applied as frequently as the presumption against alterations in the common law. It is presumed that the legislature does not intend to make any change in the existing law beyond that which is expressly...

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EXCEPT STATED, STATUTE DOES NOT MAKE ANY ALTERATION IN THE LAW BEYOND

Crais on Statute Law 7th edition, the statement of the law reads at pages 121 to 122. “To alter any clearly established principle of law a distinct and positive legislative enactment is necessary. “Statutes” said the Court of Common Pleas in Arthur v. Bokenham are not presumed to make any alteration in the common law...

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DATE OF COMMENCEMENT: IF STATUTE IS TO HAVE AN EARLIER APPLICATION, IT IS TO BE STATED EXPLICITLY

The date of commencement of the Decree, as stated in the marginal note in it, was 20th June, 1991. The date of commencement of a statute is the date that it comes into operation. In the circumstance, the date on which the Decree itself, which included section 11 thereof, came into operation was the 20th...

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THE WORD “CULPRIT” SIGNIFIES GUILT

The use of the term culprits implies a finding of guilt and any finding of guilt without a trial is a breach of all the rules of natural justice. The Investigating panel is therefore turned into prosecutor, witness and judge. – Andrews Otutu Obaseki, JSC. Garba & Ors. v. The University Of Maiduguri (1986) 1...

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COURT WILL CONSIDER ALL DOCUMENTS BEFORE IT WHOLLY

It is settled that in the consideration of an agreement where there are series of correspondences between the Parties, it is the duty of the Court to consider all the correspondences in order to decipher what they are saying with regards to the arrangement see Udeagu V. Benue Cement Co. Plc. (2006) 2 NWLR (Pt....

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INTERPRETATION: WHERE AMBIGUITY EXIST

On the other hand where the literal interpretation of the provision of a Statute will result in some ambiguity or injustice, the Court may seek internal aid within the body of the statute itself or external aid from statutes which are in pari materia in order to resolve the ambiguity or to avoid doing injustice...

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