LEAN TO BROADER INTERPRETATION IN STATUTES; INTERPRETATION SHOULD NOT DEFEAT PURPOSE OF STATUTE

SPECIFIC STATUTES ARE NOT AFFECTED BY THE GENERAL STATUTE

The law is that specific statute on a matter is not affected by a general enactment on the same matter unless the earlier in time is radically inconsistent with the later.

— H.M. Ogunwumiju JSC. A.G of The Federation v. Anuebunwa (SC.CV/118/2021)

“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.”

DICTA SHOULD NOT BE READ OUT OF CONTEXT

Dicta should not be taken and read out of context.

– Obaseki, JSC. Adegoke v. Adesanya (1989)

NOT FUNCTION OF COURT TO SUIT SOCIAL THINKING IN INTERPRETATION OF LEGISLATIONS

It is not the function of the court to apply the canon of interpretation to invalidate a valid and legal legislation for the only reason that such a legislation is not in line with its social thinking or is not liked by a fractional section of the Nigerian people.

— Wali JSC. Onuoha v State (1998) – SC. 24/1996

DEFINITION OF “JUDICIAL” AND “JUDICIOUS”

The terms “Judicial” and “Judicious” were defined by the Supreme Court in the case of ERONINI v IHEUKO (1989) 2 NWLR (101) 46 at 60 and 61as follows: “Acting judicially imports the consideration of the interest of both sides weighing them in order to arrive at a just or fair decision. Judicious means:(a) proceeding from or showing sound judgment; (b) having or exercising sound judgment; (c) marked by discretion, wisdom and good sense.”