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The duty of the court is not to deal with the law as it ought to be but as it is. – Onnoghen, J.S.C. GEC v. DUKE (2007)

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COURT WILL GIVE PLAIN MEANING TO STATUTORY PROVISION

It is a Statutory provision which is clear and unambiguous. In such a situation, the duty of the court, is to give effect to the ordinary plain meaning of the words without resorting to any external aid. See the case of Chief Joseph A. Okotie-Eboh v. Chief James Ehiowo Manager & ors. (2004) 12 SCNJ 139. So, the question of Common Law, or Evidence Act, with respect, is therefore, of no moment.

— Ogbuagu, JSC. Grosvenor v Halaloui (2009) – SC.373/2002

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NOT FUNCTION OF COURT TO SUIT SOCIAL THINKING IN INTERPRETATION OF LEGISLATIONS

It is not the function of the court to apply the canon of interpretation to invalidate a valid and legal legislation for the only reason that such a legislation is not in line with its social thinking or is not liked by a fractional section of the Nigerian people.

— Wali JSC. Onuoha v State (1998) – SC. 24/1996

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STATUTES ARE TO BE READ AS A COMPOSITE WHOLE

There are certain settled principles that guide the Court in the interpretation of statutes. Generally, statutory provisions must be interpreted in the context of the whole statute and not in isolation. They must be interpreted in a manner that is most harmonious with its scheme and general purpose. Furthermore, where the subject matter being construed relates to other sections (or subsections) of the same statute, they must be read, considered and construed together as forming a composite whole. See: General Cotton Mill Ltd. Vs Travellers Palace Hotel (2018) 12 SC (Pt. II) 106 @ 130 lines 14 -35; 168 lines 20 – 31. See also: Obi Vs INEC (2007) 7 SC 268; Akpamgbo-Okadigbo & Ors. Vs Chidi & Ors. (2015) 3 – 4 SC (Pt. III) 25; Nobis-Elendu Vs INEC (2015) 6 – 7 SC (Pt. IV) 1.

— K.M.O. Kekere-Ekun JSC. Umeano v. Anaekwe (SC.323/2008, Friday January 28 2022)

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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 principle of law contained in statutes which they merely amend. There is no presumption that by legislating Parliament intended to change the law. ” “Unless it is clearly and unambiguously intended to do so, a statute should not be construed so as to interfere with or prejudice established private rights under contracts or the title to property, or so as to deprive a man of his property without his having an opportunity of being heard.”

– Cited in Abioye v. Yakubu (1991) – SC.169/1987

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IMMUNITY – CONSTITUTION MUST BE INTERPRETED ACCORDING TO ITS SPIRIT AND INTENTION OF THE FRAMERS

To hold that the governor is immune in such proceedings is to go counter to the spirit and intent of our Constitution. This standpoint is better appreciated when one envisages a situation where a person is sworn in as a governor, but is later discovered to be a person of questionable character who won the election with doubtful papers, if he is immune, it would mean that an election tribunal provided for under the Constitution, will not be able to question his election and do something about it through the judicial process. In other words, the Constitution would have acted in vain in setting up election Tribunals. That cannot be so. The Constitution is the highest law of the land, and its interpretation must accord with the letter and spirit of the Constitution to reflect the intention of the framers, particularly in a democracy such as ours where election matters have taken on the hue of a do or die affair. It is in the light of this that I uphold the submissions of the appellant that election petitions being a special proceedings, a governor or any occupant of that office mentioned in section 308 of the 1999 Constitution does not enjoy immunity when it comes to an election petition, which seeks for the determination of his election.

— A. Augie, JCA. AD v. Fayose (2004) – CA/IL/EP/GOV/1/2004

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“MAY” MEAN “SHALL” WHERE THERE IS AN OBLIGATION IMPOSED

OMOMZUAWO & ANOR v. UGBODAGA & ORS (2021) JELR 107021 (CA): “it is now trite in law that where the word ‘may’ is used but a right or obligation is thereby conferred, then the word ‘may’ is to be interpreted as ‘shall’ and is taken as mandatory. In the instant appeal looking holistically at the provisions of Section 19 of the said law conferring an obligation or duty as well as rights on the Appellants, I hold that the use of ‘may’ in that sub – Section (2) of Section 19 of the said law amounts to ‘shall’ and is therefore, mandatory.”

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