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DATE OF COMMENCEMENT: IF STATUTE IS TO HAVE AN EARLIER APPLICATION, IT IS TO BE STATED EXPLICITLY

Dictum

The date of commencement of the Decree, as stated in the marginal note in it, was 20th June, 1991. The date of commencement of a statute is the date that it comes into operation. In the circumstance, the date on which the Decree itself, which included section 11 thereof, came into operation was the 20th June, 1991. There was nothing in the Decree to the effect that the Decree or any part or section thereof shall be deemed to have come into operation on a date earlier than the date of commencement stated in the Decree. Also, there was no provision in the Decree that actions or proceedings on matters to which the provision of section 11 of the Decree applied, which were pending in courts on the date of commencement of the decree, should abate or be discontinued. If it is intended by the lawmaker that any part or section of a statute should come into operation on a date earlier than the date of commencement of the statute itself provision to that effect will be made in clear term.

— Y.O. Adio. Kotoye v. Saraki (1994) – S.C. 147/1993

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INTERPRETATION OF S.88(2) CFRN 1999

It cannot escape notice that under section 88(2) above, the 1st defendant can only conduct the stated investigation in two situations for the purpose of enabling it to – (a) Make laws with respect to any matter within its legislative competence and correct any defects in existing laws; and (b) Expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated to it.

– Oguntade, JCA. El-Rufai v. House of Representatives (2003)

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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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PURPOSEFUL INTERPRETATION OF A STATUTE

For the purposeful interpretation of a statute, the law requires that the sections of the statute be read and considered in community, wholistically or together and not some or individual sections in isolation of the others.

– Garba, JCA. Dunlop v. Gaslink (2018)

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THE WORDS OF THE STATUTES BEST DECLARES THE INTENTION OF THE LEGISLATORS

It is a cardinal rule of the construction of statutes that statutes should be construed according to the intention expressed in the statutes themselves. If the words of the statutes are themselves precise and unambiguous, then, no more is necessary than to expound the words in their natural and ordinary sense. The words of the statutes do alone, in such a case, best declare the intention of the lawmaker – See Ahmad v. Kassim (1958) SCNLR 58; (1958) 1 NSCC II; Capper v. Baldwin (1965) 2Q.B. 53 at p. 61; Cargo ex Argos, (1873) L.R. 5 P.C.134 at p. 153. In the case of Barnes v. Jarvis. (1953) 1 W.L.R. 649.

— Uwais, CJN. Ibrahim v Barde (1996) – SC.74/1995

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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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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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