Where a statute is divided into parts, the ideal is to construe the sections in the part in relation to other sections in that part. Thus although the general rule is to construe the statute as a whole clarity is better attained where the words so indicate, by construing the sections in their related parts.
– Karibe-Whyte, JSC. Savannah v. Ajilo (1989)
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In the matter of the interpretation of statutes, Courts have been well guided over the years with the clear boundary beyond which Courts cannot enter. Thus, while Courts have the power to interpret the law, it has no licence to veer into the legislative arena or constitute itself into the legislator, however harsh or distasteful the piece of legislation may be. Once the words are plain and unambiguous, the Court is duty bound to give effect to it. In other words, in the interpretation of statutes, words should always be given their ordinary meaning. Where the words are clear, unambiguous and to the point, any addition or subtraction will be sequel to introducing an illegal backdoor amendment. See Setraco Nig Ltd V Kpaji (2017) LPELR-41560(SC) 25-26, paras D-A, per Peter-Odili, JSC; & Skye Bank Plc V Iwu (2017) LPELR-42595(SC) 118 paras B-C, per Ogunbiyi, JSC.
— J.H. Sankey, JCA. Zangye v Tukura (2018) – CA/MK/175/2017
The law is trite that where there is a specific legislation on a matter, the general principle of law must give way and cannot override the specific provisions of law on the subject. See Orubu v. INEC (1988) 12 SCN) 256 at 349, Unity Bank Plc. v. Kay Plastic Nig. Limited & anor (2011) LPELR 8839 (CA).
– T. Akomolafe-Wilson, JCA. Onnoghen v. FRN (2019) – CA/A/44C/2019
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, JCA. ITV v. Edo Internal Revenue (2014) – CA/B/20/2013
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 NWLR (Pt.18) 550
Specifically, there are three main rules of statutory interpretation: (a) the Literal Rule: where the words are plain and unambiguous, they must be given their natural and ordinary meaning, unless to do so would lead to absurdity. The plain words used by the legislature provide the best guide to their intention. See:Adewumi & Anor. Vs A.G. Ekiti State (2002) 2 NWLR (Pt.751) 474; A.G. Lagos State Vs Eko Hotels & Anor. (2006) 18 NWLR (Pt.1011) 378; Ojokolobo Vs Alamu (1987) 3 NWLR (Pt.61) 377; Sani Vs The President FRN & Anor (2020) LPELR – 50990 (SC) @ 22 – 23 D -A. (b) The Golden Rule: Where the use of the Literal Rule would lead to absurdity, repugnance or inconsistency with the rest of the statute, the ordinary sense of the words may be modified so as to avoid the absurdity or inconsistency, but no further. See: General Cotton Mill Ltd. Vs Travellers Palace Hotel (supra); Grey Vs Pearson (1857) 6 HLC 61 @ 106; PDP & Anor Vs INEC (1999) 7 SC (Pt. II) 30; Saraki Vs FRN (2016) 1 – 2 SC (Pt. V) 59. (c) The Mischief Rule: Formulated and laid down in Heydon’s Case 3 Co. Rep. 7a @ 7b as follows: (i) “What was the common law before the making of the Act? (ji) What was the mischief and defect for which the common law did not provide? (iii) What remedy the Parliament hath resolved and appointed to cure the disease of the commonwealth? and (iv) The true reason of the remedy; and then the office of all the judges is always to make such construction as shall suppress the mischief and advance the remedy …”
— K.M.O. Kekere-Ekun JSC. Umeano v. Anaekwe (SC.323/2008, Friday January 28 2022)
I think I ought to state at this stage that, generally, the fundamental principles that govern the interpretation of our Constitution are:
(i) That such interpretation as would serve the interest of the Constitution, best carry out its object and purpose and give effect to the intention of the framers thereof should be preferred;
(ii) In the above regard, all the relevant provisions of the Constitution must be read together and not disjointly. See Ojokolobo v. Alantu (1987) 3 NWLR (Pt.61) 377;
(iii) Where the words of any section are clear and unambiguous, they must be given their ordinary meaning unless this would lead to absurdity or be in conflict with some other provisions of the Constitution and effect must be given to those provisions without any recourse to any other consideration;
(iv) So, too, where the provisions of the Constitution are capable of two meanings, the court must choose the meaning that would give force and effect to the Constitution read together as a whole and promote its object and purpose. See Nafiu Rabiu v. The State (1981) 2 NCLR 293; (1980) 8 – l I S.C. 130; Attorney-General of Ogun State v. Attorney-General of the Federation (1982) 1-2 S.C. 13; Chief Dominic Ifezue v. Livinus Mbadugha and another (1984) 1 SCNLR 427; (1984) 5 S.C. 79 at 100-101; (v) Although our courts may in appropriate cases give due regard to international jurisprudence and seek guidance, as persuasive authorities only, from the decisions of the courts of other common law jurisdictions on the interpretation and construction of similar provisions of their Constitutions which are in pari materia with the relevant provisions of our Constitution, the court will nevertheless accord due weight to our peculiar circumstances, the generally held norms of society and our values, aspirations and local conditions. See too Nafiu Rabin v. The State (supra); Senator Adesanya v. President of the Federal Republic of Nigeria (1981) 5 S.C. 112; Attorney-General of Bendel State v. Attorney-General of the Federation (1981) 10 S.C. 1; Ade Ogugu and others v. The Stare (1994) 9 NWLR (Pt.366) 1 at 22 – 28 etc.
— Iguh JSC. Onuoha v State (1998) – SC. 24/1996
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