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INTERPRETATION OF THE WORD “MAY”

Dictum

In ADESOLA V. ABIDOYE (1999) 14 NWLR (Pt. 637) 28 @ p. 56, where the Supreme Court per Karibi-Whyte J.S.C., “The construction of the word “may” in provisions of statutes has always raised difficulties. This is not because of the impression of the word … because the word “may” assumes a technical meaning depending upon the intendment of the statutory provision in which it is used. Although the etymological meaning of “may” is permissive and facultative and seldom can mean “must” and imperative it assumes this last-mentioned character; when there is anything in the provision that makes it the duty on the person on whom the power is conferred to exercise that power. When the exercise of the power is coupled with a duty on the person to whom it is given to exercise it, then it is imperative. In the instant case, there is a duty on the aggrieved who desires to set aside the decision of the prescribed authority to make his representation to the Commissioner for Chieftaincy Affairs within twenty-one days of the decision. The use of the expression ‘may’ in this situation is not merely facultative, but mandatory. There is no alternative.The aggrieved has no choice of action in the remedy provided for him….Accordingly, the word ‘may’ in Section 22(5) of the Chiefs Law of Oyo State, 1978 should be construed as imperative; the exercise of the right not being optional.”

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ENTIRE PROVISIONS OF THE STATUTE MUST BE READ TOGETHER TO DETERMINE INTENTION OF THE LEGISLATURE

The law is settled that in order to discover the real intention of the legislature, the entire provisions of statute must be read together as a whole. No section of a statute should be read and construed in isolation. If the entire provisions of the FIA are read together, it becomes clear that before a request for access to information relating to personal information of an individual in the custody of a public official or public institution can be granted, the applicant must show to the institution or the Court where an applicant approaches the Court for a review of decision of a public institution to deny access to personal information in its custody, the existence of any of the conditions or situations stated under Section 14(2) and (3) of the Act.

— M.O. Bolaji-Yusuff, JCA. CCB v Nwankwo (2018) – CA/E/141/2017

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WHERE WORDS ARE CLEAR NO INTERPRETATION IS NEEDED

It is settled law that where the words of a statute or Constitution are clear and unambiguous, they call for no interpretation, the duty of the court in such a circumstance being to apply the words as used by the legislature.

– WS Onnoghen, JSC. Calabar CC v. Ekpo (2008)

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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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NOT THE DUTY OF A COURT TO FILL GAPS IN STATUTES

In Adewunmi v. A-G., Ekiti State (2002) 2 NWLR (Pt. 751) 474, Wali, J.S.C. said at page 512: “In cases of statutory construction the court’s authority is limited. Where the statutory language and legislative intent are clear and plain, the judicial inquiry terminates there. Under our jurisprudence, the presumption is that ill-considered or unwise legislation will be corrected through democratic process. A court is not permitted to distort a statute’s meaning in order to make it conform with the Judge’s own views of sound social policy.”

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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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DOCUMENTS ARE TO BE GIVEN THEIR NATURAL MEANING

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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