EXCEPT STATED, STATUTE DOES NOT MAKE ANY ALTERATION IN THE LAW BEYOND

Crais on Statute Law 7th edition, the statement of the law reads at pages 121 to 122. “To alter any clearly established principle of law a distinct and positive legislative enactment is necessary. “Statutes” said the Court of Common Pleas in Arthur v. Bokenham are not presumed to make any alteration in the common law further or otherwise than the Act does expressly declare”.

– Cited in Abioye v. Yakubu (1991) – SC.169/1987

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GIVE ORDINARY MEANING WHERE STATUTORY PROVISIONS ARE CLEAR

The above constitutional provisions are clear, plain and unambiguous and should be accorded their literal interpretation by attaching the ordinary grammatical meaning to the words used therein. It is trite law that the elementary rule of construction is that words used in a statute should be given their ordinary grammatical meaning. Where the statutory provisions are plain and unambiguous, the Court should not go beyond their clear import. See Nabhan v. Nabhan (1967) 1 All NLR 47; Adejumo v. Gov; Lagos State (1972) 2 SC 45; Ogbuanyinya v. Okudo (1979) 6-9 SC 32; Ogbonna v. A-G; Imo State (1992) 1 NWLR (Pt. 200) 647 and Skye Bank PLC v. Victor Anaemem Iwu (2017) 16 NWLR (Pt. 1590) 24 at 87, per Nweze, JSC.

— M.A.A. Adumein JCA. Anibor V. EFCC (CA/B/305/2012, 11 DEC 2017)

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“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.”

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WE SHOULD AVOID INTERPRETATION WHICH WOULD REDUCE THE LEGISLATIVE TO FUTILITY

Nokes v. Doncaster Amalgamated Collieries, Limited (1940) A,C, 1014, Viscount Simon, L.C, staled at page 1022: “If the choice is between two interpretations, the narrower of which will fail to achieve the manifest purpose of the legislation, we should avoid a construction which would reduce the legislation to futility and should rather accept the bolder construction based on the view that Parliament would legislate only for the purpose of bringing about an effective result.”

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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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WHEN STATUTE MAY BE CONSTRUED RETROSPECTIVELY

The retrospective nature of a statute may concern the whole provisions of the Statute, as where the commencement date so indicates; or may concern only a section of the statute – see Lauri v. Renad. (1892) 3 Ch. 402 at p. 421; Pardo v. Bingham, (1868 -69) 4 L.R.Ch. App. 735 at p. 739 and West v. Gwynne (1911) 2 Ch. 1. Where a statute is passed for the purpose of supplying an obvious omission in a former statute, the subsequent statute has relation back to the time when the prior Act was passed – see p. 395 of Craies on Statute Law. 7th Edition. Where a statute is in its nature declaratory, the presumption against construing it retrospectively is inapplicable – See A – G v. Theobald. (1890) 24 Q.B.D. 557. If by necessary implication from the language employed that the legislature intended a particular section to have a retrospective operation, the courts will give it such an operation- Lane v. Lane (1896) P. 133.

Ibrahim v Barde (1996) – SC.74/1995

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EXCEPT STATED, STATUTE DOES NOT MAKE ANY ALTERATION IN THE LAW BEYOND

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GIVE ORDINARY MEANING WHERE STATUTORY PROVISIONS ARE CLEAR

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“MAY” MEANS MANDATORY WHERE A DUTY IS IMPOSED

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WE SHOULD AVOID INTERPRETATION WHICH WOULD REDUCE THE LEGISLATIVE TO FUTILITY

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PROVISION OF STATUTES ARE TO BE TAKEN AS A WHOLE

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WHEN STATUTE MAY BE CONSTRUED RETROSPECTIVELY

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