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LITERAL RULE OF CONSTRUCTION

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Dictum

Generally, where the words of a statute are clear and unambiguous, the court should give same its ordinary literal interpretation. This is often referred to as the literal rule. It is the most elementary rule of construction. Literal construction has been defined as the interpretation of a document or statute according to the words alone. A literal construction adheres closely to the words employed without making differences for extrinsic circumstances. See: Blacks Law Dictionary sixth Edition, Page 993.

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

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THE WORD “CULPRIT” SIGNIFIES GUILT

The use of the term culprits implies a finding of guilt and any finding of guilt without a trial is a breach of all the rules of natural justice. The Investigating panel is therefore turned into prosecutor, witness and judge.

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

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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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CONSTITUTIONAL DOCUMENTS & STATUTES ARE TO BE GIVEN THEIR ORDINARY MEANING

I think it is trite that in construing a constitutional document there is the need to look at its provisions as a whole and where possible, give such provisions their ordinary and natural meaning. See BANK OF ENGLAND v. VAGLIANO BROS. (1891) AC. 107 at 144 where Lord Herschell put the position thus:- “I think the proper course is in the first instance to examine the language of the statute and to ask what is its natural meaning, uninfluenced by any considerations derived from the previous state of the law, and not to start with inquiring how the law previously stood, and then, assuming that it was probably intended to leave it unaltered, to see if the words of the enactment will bear an interpretation in conformity with this view.”

– A.G. Irikefe JSC. AG Kaduna State v. Hassan (1985) – SC.149/1984

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IF A STATUTE IS PLAIN, THE DUTY OF INTERPRETATION DOES NOT ARISE

In CAMINETTI V. UNITED STATES, 242 U.S. 470 (1917), the Court while applying the Literal rule of interpretation in its reasoning held thus: “It is elementary that the meaning of a statute must, in the first instance, be sought in the language in which the act is framed, and if that is plain… the sole function of the courts is to enforce it according to its terms.” And if a statute’s language is plain and clear, the Court further warned that “the duty of interpretation does not arise, and the rules which are to aid doubtful meanings need no discussion.”

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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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