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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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EFFECT ORDINARY MEANING WHERE WORDS OF STATUTES ARE CLEAR

The law is settled that where the words of a statute are clear, precise and unambiguous; the law mandates the Court to give such words their ordinary and literal meaning without any interpolation as there is nothing to interpret. The rationale behind this being that the cardinal function of the Courts is to declare the law and not to make law – jus dicere not jus dare. See Nwude V FRN (2015) 5 NWLR (Pt. 1506) 471; Raji v State (2012) LPELR-7968(CA) 75-78, paras F-F; Amoshima V State (2011) 4 NWLR (Pt. 1268) 530; & Tanko V State (2009) 4 NWLR (Pt. 1131) 430.

— J.H. Sankey, JCA. Brila Energy Ltd. v. FRN (2018) – CA/L/658CA/2017

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PREAMBLE MUST BE HAD IN MIND WHILE APPLYING SECTIONS OF THE LAND USE ACT

The preambles to the Land Use Act, If looked at carefully and relating it to the case at hand, would reveal that the provision for consent of the Governor must not be applied to transfer of title or alienation of rights between private individuals where there is no overriding public interest or conflict between the parties. The application of the various Sections and provisions of the Land Use Act must be done with a view to the intendment of the drafters of the law, which is expressed often in the preamble.

— C.B. Ogunbiyi, JSC. Ibrahim v. Obaje (2017) – SC.60/2006

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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)

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COMMON SENSE SHOULD BE APPLIED IN CONSTRUING STATUTES

In the case of Barnes v. Jarvis. (1953) 1 W.L.R. 649. Lord Goddard CJ. stated that a certain amount of common sense must be applied in construing statutes and the object of the statute has to be considered.

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THE PHRASE “IN LIEU OF NOTICE”

I consider it necessary to say something about the phrase “in lieu of notice” which is liable to be misunderstood, in this connection. The phrase has been defined in the Concise Oxford Dictionary of English Language 4th Ed. page 687 as “in the place, instead of “. Black’s Law Dictionary, Sixth Ed. P.787, also defines the phrase as “instead of, in place of, in substitution of….Thus when the condition of termination of the contract of service is the giving of two months’ notice or the payment of two months’ salary in lieu of notice, it can only mean the payment of two months’ salary instead of, in place, in substitution of the giving of two months notice.

– Karibe-Whyte, JSC. Chukwumah v. SPDC (1993)

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PROVISION OF STATUTES ARE TO BE TAKEN AS A WHOLE

The position of the law is that when interpreting statutes, the provisions of the statute are to be taken as a whole and the review of any section therein cannot be severed from other sections. – H.M. Ogunwumiju, JCA. ITV v. Edo Internal Revenue (2014) – CA/B/20/2013

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