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COURT IS TO INTERPRETE STATUTE AS DICTATED BY THE STATUTE

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The duty of the court is to interpret the words contained in the statute and not go outside the words in search of an interpretation which is convenient to the court or to the parties or one of the parties. Even where the provisions of a statute are hard in the sense that they will do some inconvenience to the parties, the court is bound to interpret the provisions once they are clear and unambiguous. It is not the duty of the court to remove the chaff from the grain in the process of interpretation of a statute to arrive at favourable terms for the parties outside the contemplation of the lawmaker. That will be tantamount to traveling outside the statute on a voyage of discovery. This court cannot embark upon such a journey. – Tobi JSC. Araka v. Egbue (2003) – SC.167/1999

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WHAT IS A DISPUTE – SECTION 232(1) 1999 CONSTITUTION

It has been held by this Court vide Belgore, JSC (as he then was) in AG of the Federation vs AG of Abia State (2001) 11 NWLR (pt. 725) 689-at 737, inter alia, that the term dispute as used in section 232(1) of the 1999 Constitution “Involves acts of argument, controversy, debate, claims as to rights whether in law or facts varying opinion, whether passive or violent or any disagreement that can lead to public anxiety or disquiet…”

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THREE RULES OF STATUTORY INTERPRETATION

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)

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WHEN STATUTE MAY BE CONSTRUED RETROSPECTIVELY

The retrospective nature of a statute may concern the whole provisions of the Statute, as where the commencement date so indicates; or may concern only a section of the statute – see Lauri v. Renad. (1892) 3 Ch. 402 at p. 421; Pardo v. Bingham, (1868 -69) 4 L.R.Ch. App. 735 at p. 739 and West v. Gwynne (1911) 2 Ch. 1. Where a statute is passed for the purpose of supplying an obvious omission in a former statute, the subsequent statute has relation back to the time when the prior Act was passed – see p. 395 of Craies on Statute Law. 7th Edition. Where a statute is in its nature declaratory, the presumption against construing it retrospectively is inapplicable – See A – G v. Theobald. (1890) 24 Q.B.D. 557. If by necessary implication from the language employed that the legislature intended a particular section to have a retrospective operation, the courts will give it such an operation- Lane v. Lane (1896) P. 133.

Ibrahim v Barde (1996) – SC.74/1995

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MISCHIEF RULE IN INTERPRETATION

It is well settled that the object of all interpretation is to discover the intention of the legislature from the language used in the statute and to give effect to it. One of the most useful guides to interpretation is the mischief rule which considers the state of the law before the enactment, the defect which the legislation sets out to remedy or/and prevent, the remedy adopted by the legislature to cure the mischief and the true reason of the remedy. The duty of the court therefore is to adopt such interpretation that will enable the suppression of the mischief and to promote the remedy within the true intent of the legislation.

– Karibe-Whyte, JSC. Savannah v. Ajilo (1989)

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WHERE PROVISIONS ARE UNAMBIGUOUS, MUST BE GIVEN ORDINARY MEANING

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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MARGINAL NOTES IN STATUTES

Marginal notes, otherwise known as side notes or section heads are short notations appearing above or beside each section of a statute or regulation. While marginal notes are not part of a statute, they provide an interpretative aid to Courts and are useful in considering the purpose of a section and the mischief at which it is aimed. See per Eso, JSC in OLOYO V. ALEGBE (1983) 2 S.C.N.L.R. 35 AT 57; Per Idigbe, JSC in UWAIFO V. AG BENDEL STATE (1982) 7 SC 124 AT 187 188, OSIEC & ANOR V. AC & ORS (2010) LPELR-2818 (SC), INAKOJU & ORS V. ADELEKE & ORS (2007) LPELR 1510 (SC), YABUGBE V. C.O.P (1992) LPELR 3505 (SC).

— A. JAURO, JSC. UBA v Triedent Consulting Ltd. (SC.CV/405/2013, July 07, 2023)

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