WORDS AND PHRASES ARE TO BE GIVEN THEIR ORDINARY MEANING

Under the literal rule of interpretation of statute, words and phrases in enactments are to be given their ordinary, original or grammatical meanings even if it will create hardship, inconvenience or injustice to the parties in so far as it will not result to absurdity. See, B.A.J (NIG) LTD. v. OGUNSEYE (2010) 4 NWLR (1184) 343, AMAECHI v. INEC (2007) 9 NWLR (PT. 1080) 504, UWAGBA v. FRN (2009) 15 NWLR (P. 1163) 91, OWENA BANK v. STOCK EXCHANGE (1997) 7 SCNJ 160.

— A.O. Obaseki-Adejumo, JCA. FRSC v Ehikaam (2023) – CA/AS/276/2019

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GENERAL PROVISION VS SPECIFIC PROVISION: SPECIFIC TAKES PRECEDENCE

There is also the related issue and it is that where a Court of law is exposed to two provisions; one general and the other specific, the Court will fall upon the specific provision, in the event of an apparent conflict.

– T.N. Orji-Abadua, JCA. Kabau v. Rilwanu (2013) – CA/K/179/2001

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SEVERAL PARTS OF A WRITTEN INSTRUMENT MUST BE INTERPRETED TOGETHER TO GET THE INTENTION

I agree with Mr. Sofola, S.A.N., in his submission that the court below was in error to have relied on clauses 3 and 6 of the lease agreement only and limited itself in the construction of the lease agreement to the construction of these clauses alone. The approach adopted by the court below is in violation of one of the fundamental and hallowed principles in the construction of document and written instruments, that the several parts, where there are more than one, must be interpreted together to avoid conflicts in the natural meaning in the various parts of the written document or instrument. This rule of construction was approved by this court in Ojokolobo & Ors. v.Alamu & Anor. (1987) 3 NWLR (Pt. 61)377,(1987)7 SCNJ 98.

— Karibi-Whyte, JSC. Unilife v. Adeshigbin (2001) 4 NWLR (Pt.704) 609

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WE SHOULD AVOID INTERPRETATION WHICH WOULD REDUCE THE LEGISLATIVE TO FUTILITY

Nokes v. Doncaster Amalgamated Collieries, Limited (1940) A,C, 1014, Viscount Simon, L.C, staled at page 1022: “If the choice is between two interpretations, the narrower of which will fail to achieve the manifest purpose of the legislation, we should avoid a construction which would reduce the legislation to futility and should rather accept the bolder construction based on the view that Parliament would legislate only for the purpose of bringing about an effective result.”

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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. 965) 600.

— A.A. Augie, JSC. Berger v Toki Rainbow (2019) – SC.332/2009

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INTERPRETATION SHOULD NOT DEFEAT THE ULTIMATE DESIGN OF THE STATUTE

It is now trite law that in the quest to interpret or construe the provisions of a statute or the Constitution, the Court or Tribunal must construe or interpret the statute or the Constitution in order to bring out plainly the real intention of the Lawmaker or the framers of the Constitution and thus enhance its purpose. The Court or Tribunal has a bounden duty to consider as a whole the entire provisions of the law or the Constitution involved. The Statute or the Constitution in question must not be construed in a manner that will do violence to the provisions being interpreted and must not be interpreted to defeat the ultimate design or purpose of the Constitution or statute that calls for interpretation.

– OLABISI IGE, JCA. Petroleum Resources v. SPDC (2021)

COURT SHOULD AVOID INTERPRETATION THAT WOULD REDUCE THE LEGISLATURE TO FUTILITY

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WORDS AND PHRASES ARE TO BE GIVEN THEIR ORDINARY MEANING

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GENERAL PROVISION VS SPECIFIC PROVISION: SPECIFIC TAKES PRECEDENCE

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SEVERAL PARTS OF A WRITTEN INSTRUMENT MUST BE INTERPRETED TOGETHER TO GET THE INTENTION

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WE SHOULD AVOID INTERPRETATION WHICH WOULD REDUCE THE LEGISLATIVE TO FUTILITY

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COURT WILL CONSIDER ALL DOCUMENTS BEFORE IT WHOLLY

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INTERPRETATION SHOULD NOT DEFEAT THE ULTIMATE DESIGN OF THE STATUTE

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