INTERPRETATION: SPECIFIC THINGS MENTIONED

It is note worthy that where a Statute mentions specific things, those things not mentioned are not intended to be included. – Nwaoma Uwa, JCA. NOGA v. NICON (2007)

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IT IS BETTER TO ERR IN THE SIDE OF LIBERALISM WHEN INTERPRETING CONSTITUTION

It would be safer for the courts in this country to err on the side of liberalism whenever it comes to the interpretation of the fundamental provisions in the Constitution than to import some restrictive interpretation.

– Kayode Eso, JSC. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550

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“MAY” MEANS MANDATORY WHERE A DUTY IS IMPOSED

UDE V. NWARA & ANOR. (1993) JELR 43303 (SC): “I agree with Chief Umeadi that although section 28(1) of the Law states that the lessor “may enter a suit”, “may” should be construed as mandatory i.e. as meaning “shall” or “must”. I believe that it is now the invariable practice of the courts to interpret “may” as mandatory whenever it is used to impose a duty upon a public functionary the benefit of which enures to a private citizen.”

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LEGISLATION WITH RETROSPECTIVE EFFECT

Thus, the effect of making Exhibit 7, a subsidiary legislation with retrospective effect, to take care of the appointment process of the Emirship of Suleja, which as I earlier pointed out, has the force of law and now over-rides customary law. This is the moreso, in the instant case where confusion characterising the kingmaker’s body charged with the selection process and which was not helped by declaring what role the customary law vis-a-vis Exhibit 10 (the chronicle of Abuja) played in that process needed to be formalised and codified.

— Onu JSC. Ibrahim v Barde (1996) – SC.74/1995

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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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DUTY OF JUDGE TO INTERPRETE THE LAW

I agree that a judge should be firm and pungent in the interpretation of the law but such should be short of a judge being a legislator. This is because it is the duty of the legislature to make the law and it is the assigned duty of the judge to interpret the law as it is; not as it ought to be. That will be flouting the rule of division of labour as set out by the Constitution of the Federal Republic of Nigeria, 1999. The provisions of sections 2(1) and 24 of the Act as reproduced above remain the law and shall continue to be so until when same is repealed or amended. For now, I see nothing amiss about the law.

— J.A. Fabiyi, JSC. FBN v. Maiwada (2012) – SC.269/2005

DEFINITION OF “JUDICIAL” AND “JUDICIOUS”

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INTERPRETATION: SPECIFIC THINGS MENTIONED

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IT IS BETTER TO ERR IN THE SIDE OF LIBERALISM WHEN INTERPRETING CONSTITUTION

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“MAY” MEANS MANDATORY WHERE A DUTY IS IMPOSED

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LEGISLATION WITH RETROSPECTIVE EFFECT

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HEADINGS OF A STATUTE SHOULD BE LOOKED AT TO CLARIFY AMBIGUITY

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DUTY OF JUDGE TO INTERPRETE THE LAW

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