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DOCUMENTS ARE TO BE GIVEN THEIR NATURAL MEANING

Dictum

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)

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COURT DEAL WITH LAW AS IT IS

The duty of the court is not to deal with the law as it ought to be but as it is. – Onnoghen, J.S.C. GEC v. DUKE (2007)

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INTERPRETATION OF SECTION 82 CFRN 1999

In my view their power under the section is further circumscribed and limited by sub-section (2) of section 82. They can only invite members of the public when they want to gather facts for the purpose of enabling them make law or amend existing laws in respect of any matter within their legislative competence or as witnesses in a properly constituted inquiry under section 82(1)(b). Their power to expose corruption, inefficiency, or waste is also limited to government departments, authorities, and functionaries.

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

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PERSON WHO INTERPRETED A STATEMENT MUST TENDER IT IN COURT

It is settled that the person or officer who interpreted a statement must tender it in Court so that if necessary, the interpreter can be cross examined on whether the interpreted statement is the correct interpretation of the original words as spoken by the Defendant.

– H.M. Ogunwumiju, JSC. State v. Ibrahim (2021) – SC.200/2016

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MARGINAL NOTES IN STATUTES

Marginal notes, otherwise known as side notes or section heads are short notations appearing above or beside each section of a statute or regulation. While marginal notes are not part of a statute, they provide an interpretative aid to Courts and are useful in considering the purpose of a section and the mischief at which it is aimed. See per Eso, JSC in OLOYO V. ALEGBE (1983) 2 S.C.N.L.R. 35 AT 57; Per Idigbe, JSC in UWAIFO V. AG BENDEL STATE (1982) 7 SC 124 AT 187 188, OSIEC & ANOR V. AC & ORS (2010) LPELR-2818 (SC), INAKOJU & ORS V. ADELEKE & ORS (2007) LPELR 1510 (SC), YABUGBE V. C.O.P (1992) LPELR 3505 (SC).

— A. JAURO, JSC. UBA v Triedent Consulting Ltd. (SC.CV/405/2013, July 07, 2023)

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STATUTE SHOULD NOT BE CONSTRUED TO TAKE AWAY PROPERTY RIGHT WITHOUT COMPENSATION

Therefore, the cardinal rule of construction and interpretation of statutes is that unless there is express provision in clear and unambiguous words within a statute expropriating the property of a person, the statute should be construed in favour of the person in whom the property has been vested and it should not be construed so as to deprive the person of his property without compensation. This rule of interpretation is in accord with the provisions of
Sections 31 and 40 of our 1963 and 1979 Constitutions respectively which enjoined compulsory acquisition of property without compensation.

– M. Bello, CJN. Abioye v. Yakubu (1991) – SC.169/1987

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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

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