STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

DOCUMENTS ARE TO BE GIVEN THEIR NATURAL MEANING

Reach more audience. Place advert here.

The first rule about the construction of documents enjoins that the simple natural meaning of words be ascribed to them unless this is impossible, and the defendant is severely precluded from giving oral evidence to disparage the clear expressions already reduced by her or for her into writing. We have come to the conclusion in this respect also that the learned trial judge had not given the document exhibit 1 its natural and ordinary meaning and that on a close reading and study of that document it is manifest that the defendant states in exhibit 1 that the amount of 600 was the purchase price of the land which she had contracted to sell to the plaintiff.

– Coker, JSC. Rosenje v. Bakare (1973)

Was this dictum helpful?

SHARE ON

interpretation

INTERPRETATION OF CONSTITUTION IS DIFFERENT FROM INTERPRETATION OF STATUTES

It is pertinent to state that unlike interpretation of statutes, the interpretation of Constitution has its own guiding principles. In FRN V NGANJIWA, which was cited by the Petitioners as SC/794/2019, but which is reported as FRN v NGANJIWA (2022) LPELR-58066(SC), the Supreme Court has succinctly reviewed decided cases on interpretation of the Constitution and outlined these guiding principles: ) In interpreting the Constitution, which is the supreme law of the land, mere technical rules of interpretation of statutes should be avoided, so as not to defeat the principles of government enshrined therein. Hence a broader interpretation should be preferred, unless there is something in the text or in the rest of the Constitution to indicate that a narrower interpretation will best carry out the objects and purpose of the Constitution. (b) All Sections of the Constitution are to be construed together and not in isolation. (c) Where the words are clear and unambiguous, a literal interpretation will be applied, thus according the words their plain and grammatical meaning. (d) Where there is ambiguity in any Section, a holistic interpretation would be resorted to in order to arrive at the intention of its framers. (e) Since the draftsperson is not known to be extravagant with words or provisions, every section should be construed in such a manner as not to render other sections redundant or superfluous. (f) If the words are ambiguous, the law maker’s intention must be sought, first, in the Constitution itself, then in other legislation and contemporary circumstances and by resort to the mischief rule. (g) The proper approach to the construction of the Constitution should be one of liberalism and it is improper to construe any of the provisions of the Constitution as to defeat the obvious ends which the Constitution was designed to achieve. See also on this: NAFIU RABIU V STATE (1980) 8-11 S.C. 130 at 148; A.G. BENDEL STATE V A.G. FEDERATION & ORS (1981) N.S.C.C. 314 at 372 – 373; BUHARI v OBASANJO (2005) 13 NWLR (Pt. 941) 1 at 281; SAVANNAH BANK LTD v AJILO (1989) 1 NWLR (Pt. 97) 305 at 326; and A.G., ABIA STATE V A.G. FEDERATION (2005) All FWLR (Pt. 275) 414 at 450, which were also referred to by the Apex Court.

— H.S. Tsammani, JCA. Atiku v PDP (CA/PEPC/05/2023, 6th of September, 2023)

Was this dictum helpful?

INTERPRETATION OF SECTION 137(1)(D) OF THE 1999 CONSTITUTION

The Petitioners have centered their contention on the provisions of Section 137(1)(d) of the 1999 Constitution which reads as follows: “137(1) A person shall not be qualified for election to the office of President if – (d) he is under a sentence of death imposed by any competent court of law or tribunal in Nigeria of a sentence of imprisonment or fine for any offence involving dishonesty or fraud by whatever name called or for any other offence imposed on him by any court tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal.” A careful examination of the above provision shows that the operative words of that paragraph of the Section are “sentence”, “imprisonment or fine” and “for any offence.” … It is discernible from the above that the “fine” referred to in paragraph (d) of Section 137(1) quoted above is one which emanates from a sentence for a criminal offence involving dishonesty or fraud. The words “for imprisonment or fine” also pre-supposes that the “fine” envisaged under the section is one which is imposed as an alternative to imprisonment. In other words, the provision of Section 137(1)(d) relates to sentence of death, or sentence of imprisonment or fine imposed as a result of a criminal trial and conviction.

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

Was this dictum helpful?

STATUTES ARE TO BE GIVEN THE ORDINARY MEANING

It is a settled cardinal principle of statutory interpretation that where, in their ordinary meaning the provisions are clear and unambiguous effect should be given to them without resorting to external aid. The duty of the court is to interpret the words of the statute as used. Those words may be ambiguous, but even if they are the power and duty of the court to travel outside them on a voyage of discovery are strictly limited (see for example Attorney-General of Bendel State v. Attorney-General of ‘the Federation (1981) 10S.C. 1; Abioyev.Yakubu(1991)5 NWLR (Pt. 190) 130, Lawal v. G.B. Ollivant (1972) 2 S.C. 124, Aya v. Henshaw (1972) 5 S.C. 87.

— I.L. Kutigi, JSC. Kotoye v. Saraki (1994) – S.C. 147/1993

Was this dictum helpful?

DEFINITION OF “SECONDMENT”

The term secondment is mostly used in the public service which is not the case in the instant suit. That notwithstanding, the Black’s Law Dictionary at page 1555 defines ‘secondment’ as “a period of time that a worker spends away from his or her usual job”. The court in the case of ALHAJI HAMZA DALHATU v. ATTORNEY GENERAL, KATSINA STATE & ORS (2007) LPELR-8460(CA) also reckoned the meaning of secondment as used in the Public service rules when it stated that: “SECTION 6 – TRANSFERS AND SECONDMENT 02601 – TRANSFER is the permanent release of an officer from one service to another or from one class to another within the same service. SECONDEMENT means the temporary release of an officer to the service of another Government or Body for a specified period.” Per ARIWOOLA, J.C.A. (P.34, paras. A-B).

— Z.M. Bashir, J. Gbaraka v Zenith Securities & Anor. (2020) – NICN/PHC/45/2018

Was this dictum helpful?

DEFINITION OF THE WORD “FEDERATION”

In Attorney-General of the Federation v Attorney-General of Imo State (1993) 4 NCLR 178 where Bello, JSC (as he then was of blessed memory) defined the word “Federation” in his judgment at pages 193-194 where he said:- “It now remains to consider the crucial question, which has never been decided by this Court, as to what is ‘Federation’ and ‘State’ within the ambit of section 212 of the Constitution . . . ‘State’ when used otherwise than in relation to one of the component parts of the Federation includes government . . . ‘government’ includes the Government of the Federation, or of any State or of a Local Government Council or any person who exercises power or authority on its behalf . . . The meaning of the word ‘Federation’ presents no difficulty. It is clear from the provisions of section 2 of the Constitution that the words ‘Nigeria’, ‘Sovereign State’, ‘Federal Republic of Nigeria’ and ‘Federation’ are synonymous. I hold that ‘Federation’ in section 212(1) of the Constitution bears the same meaning as the Federal Republic of Nigeria.” (Relied on in AG Kano State v AG Federation (2007) – SC 26/2006)

Was this dictum helpful?

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)

Was this dictum helpful?

No more related dictum to show.