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COURT SHOULD AVOID CONSTRUCTION THAT WILL CAUSE CHAOS

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In Okotie Eboh v. Manager (supra) Pats-Acholonu, JSC (of blessed memory) pronounced as follows: ‘An interpretation that seeks to emasculate should be avoided as it would do disservice to the citizenry and confine everyone into a legal container or labyrinth from which this court may not easily extricate itself ——– I believe that though justice is blind, it is nevertheless rooted in the nature of society and therefore the court should avoid constructions that could cause chaos and disenchantment. Justice must be applied in a way that it embraces and optimizes social engineering that is for the welfare of society. Enlightened society should expect a highly refined and civilized justice that reflects the tune of the time.’

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STATUTE SHOULD BE READ AS A WHOLE

It is important in the construction of a provision to read the statute as a whole. Such a method of construction enables an interpretation which brings into focus related sections which are complementary.

– Karibi-whyte JSC. Idehen v. Idehen (1991) – SC. 271/1989

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INTERPRETATION OF THE WORD “SHALL”

When the word “shall” is used in a statute it connotes the intendment of the legislator that what is contained therein must be done or complied with. It does not give room for manoeuvre of some sort, or evasiveness. Whatever the provision requires to be done must be done, and it is not at all negotiable. In interpreting the word ‘shall’ as used in enactments, Uwais, CJN in the case of Captain E.C.C. Amadi v Nigerian National Petroleum Corporation (2000) 10 NWLR (Part 674) 76 reiterated the interpretation in earlier authorities thus:– “It is settled that the word ‘shall’ when used in an enactment is capable of bearing many meanings. It may be implying a mandate or direction or giving permission. (See Ifezue v Mbadugha (1984) 1 SCNLR 427 at 456–7). In this present case we are concerned with whether it has been used in a mandatory sense or directory sense. If used in a mandatory sense then the action to be taken must obey or fulfill the mandate exactly; but if used in a directory sense then the action to be taken is to obey or fulfill the directive substantially. See Woodward v Sersons (1875) L.R. 10 CP 733 at page 746; Pope v Clarke (1953), Julius v Lord Bishop of Oxford (1880) 5 A.C. (H.L.) 215 at page 222 and 235 and State v Ilori (1983) 1 SCNL 94 at 110 …”

— Mukhtar, JSC. Buhari v. INEC (2008) – SC 51/2008

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HEADINGS OF A STATUTE SHOULD BE LOOKED AT TO CLARIFY AMBIGUITY

My Lords, I am persuaded that we must look at the heading of both sections of the statute to clarify any ambiguity. See OGBONNA v. A. G. IMO STATE (1992) 1 NWLR Pt. 220 Pg. 647, OYO STATE BOARD OF INTERNAL REVENUE v. UNIVERSITY OF IBADAN (2013) LPELR 2215.

— H.M. Ogunwumiju, JSC. UBA v Triedent Consulting Ltd. (SC.CV/405/2013, July 07, 2023)

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PRINCIPLES UPON WHICH THE CONSTITUTION WAS MADE ARE TO GUIDE ITS INTERPRETATION

Thus, in the interpretation of the Constitution, the principles upon which the Constitution was established rather than the direct operation or literal meaning of the words used, measure the purpose and scope of its provisions. See: GLOBAL EXCELLENCE COMMUNICATIONS LTD v DONALD DUKE (2007) 6 NWLR (Pt. 1059) 22 at 41 – 41 (SC); (2007) LPELR-1323 (SC) at pages 18 19; A.G. OF BENDEL STATE v A.G. FEDERATION (1982) 3 NCLR 1;SARAKI v FRN (2016) 3 NWLR (Pt. 1500) 531; SKYE BANK PLC v IWU (2017) 16 NWLR (Pt. 1590) 124; SHELIM v GOBANG (2009) All FWLR (Pt. 496) 1866 at 1878 (SC).

— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023

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PRINCIPLES GUIDING THE INTERPRETATION OF THE NIGERIAN CONSTITUTION

In FEDERAL REPUBLIC OF NIGERIA v MUHAMMADU MAIGARI DINGYADI (2018) LPELR-4606 (CA), in the following way at page 33: “One main guiding post is that the principles upon which the Constitution was established rather than the direct operation or literal meaning of the words used measure the purpose and scope of its provisions: See Global Excellence Communications Ltd v. Donald Duke (2007) 6 NWLR (Pt. 1059) 22 @ 41-41 (SC); Attorney General of Bendel State v. Attorney General of the Federation (1982) 3 NCLR 1; Saraki v. F.R.N. (2016) 3 NWLR (Pt. 1500) 531; Skye Bank Plc v. Iwu (2017) 16 NWLR (Pt. 1590) 124. There is always a need for the fulfilment of the object and true intent of the Constitution. Therefore, the Constitution must always be construed in such a way that it protects what it sets out to protect and guide what it is meant to guide Adeleke v. Oyo State House of Assembly (2006) 6 NWLR (Pt. 1006) 608. In interpreting the Constitution of a nation, it is the duty of the Court to ensure the words of the Constitution preserve the intendment of the Constitution Okogie v. A.G. Lagos State (1989) 2 NCLR 337, Abaribe v. Speaker, Abia State House of Assembly (2002) 14 NWLR (Pt. 788) 466, Marwa v. Nyako (2012) LPELR-7837 (SC). Every Constitution has a life and moving spirit within it and it is this spirit that forms the raison de’ entre of the Constitution without which the Constitution will be a dead piece of document. The life and moving spirit of the Constitution of this country is captured in the Preamble. It has been held that when a Constitutional provision is interpreted, the cardinal rule is to look to the Preamble to the Constitution as guiding star, and the directive principles of State Policy as the book of interpretation’, and that while the Preamble embodies the hopes and aspirations of the people, the Directive Principles set out the proximate grounds in the governance of the country Thakur v. Union of India (2008) 6 SCC 1. In other words, in interpreting the wordings of section 212(1)(a) of the 1999 Constitution (as amended), the Court should be guided by principles upon which the Constitution was established rather than by the direct operation or literal meaning of the words used in the provision, and where the literal meaning of the words used are not in consonance with the guiding principles, literal interpretation must be jettisoned for another approach that accords with the guiding principles of the Constitution Abaribe v. Speaker, Abia State House of Assembly (supra) (2002) 14 NWLR (Pt. 788) 466; Global Excellence Communications Ltd v. Donald Duke (2007) 6 NWLR (Pt. 1059) 22. The interpretation that would serve the interest of the Constitution and best carries out its objects and purpose must always be preferred – Kalu v. State (1988) 13 NWLR 531.”

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COURT CANNOT READ INTO THE CONSTITUTION WHAT IS NOT THERE

Courts of law, in interpreting the Constitution or a statute have no jurisdiction to read into the Constitution or statute what the legislators did not provide for, and a fortiori read out of the Constitution or statute what is provided for by the legislators. In either way, the courts are abandoning their constitutional functions and straying into those of the Legislature by interfering or interloping with them. As that will make nonsense of the separation of powers provided for in sections 4 and 6 of the Constitution, courts of law will not do such a thing, whatever is the pressure by Counsel.

— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008

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