PURPOSEFUL INTERPRETATION OF A STATUTE

For the purposeful interpretation of a statute, the law requires that the sections of the statute be read and considered in community, wholistically or together and not some or individual sections in isolation of the others.

– Garba, JCA. Dunlop v. Gaslink (2018)

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GUIDING PRINCIPLES TO THE INTERPRETATION OF THE NIGERIAN CONSTITUTION

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: (a) 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. ) 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.

— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023

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DEFINITION OF THE WORD “FEDERATION”

In Attorney-General of the Federation v Attorney-General of Imo State (1993) 4 NCLR 178 where Bello, JSC (as he then was of blessed memory) defined the word “Federation” in his judgment at pages 193-194 where he said:- “It now remains to consider the crucial question, which has never been decided by this Court, as to what is ‘Federation’ and ‘State’ within the ambit of section 212 of the Constitution . . . ‘State’ when used otherwise than in relation to one of the component parts of the Federation includes government . . . ‘government’ includes the Government of the Federation, or of any State or of a Local Government Council or any person who exercises power or authority on its behalf . . . The meaning of the word ‘Federation’ presents no difficulty. It is clear from the provisions of section 2 of the Constitution that the words ‘Nigeria’, ‘Sovereign State’, ‘Federal Republic of Nigeria’ and ‘Federation’ are synonymous. I hold that ‘Federation’ in section 212(1) of the Constitution bears the same meaning as the Federal Republic of Nigeria.” (Relied on in AG Kano State v AG Federation (2007) – SC 26/2006)

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SECTIONS OF STATUTE BE READ TOGETHER

One of the important principles in the interpretation of statutes is that the clauses or sections of the Act or statute should be construed together.

– Nnamani, JSC. Savannah v. Ajilo (1989)

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EXCEPT DECLARED, STATUTES DOES NOT MAKE ALTERATION IN THE COMMON LAW

Halsbury’s Laws of England, Volume 14 paragraphs 904 and 906, which read: “Except insofar as they are clearly and unambiguously intended to do so, statutes should not be construed so as to make any alteration in the common law or to change any established principle of law, or to alter completely the character of the principle of law contained in statutes which they merely amend. There is no presumption that by legislating Parliament intended to change the law. ” “Unless it is clearly and unambiguously intended to do so, a statute should not be construed so as to interfere with or prejudice established private rights under contracts or the title to property, or so as to deprive a man of his property without his having an opportunity of being heard.”

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

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MEANING OF SUBJECT TO ANY CUSTOMARY LAW IN WILLS LAW

The introductory phrase “subject to any customary law relating thereto” necessarily makes the power given to a testator under the subsection dependent upon the particular customary law permitting it. In effect, the power of the testator to devise his real and personal estates by Will is limited by the extent, if any, to which its exercise is permissible under the relevant customary law.

– Bello CJN. Idehen v. Idehen (1991) – SC. 271/1989

MARGINAL NOTE IS HELPFUL IN CONSTRUCTION OF A SECTION

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PURPOSEFUL INTERPRETATION OF A STATUTE

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GUIDING PRINCIPLES TO THE INTERPRETATION OF THE NIGERIAN CONSTITUTION

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DEFINITION OF THE WORD “FEDERATION”

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SECTIONS OF STATUTE BE READ TOGETHER

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EXCEPT DECLARED, STATUTES DOES NOT MAKE ALTERATION IN THE COMMON LAW

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MEANING OF SUBJECT TO ANY CUSTOMARY LAW IN WILLS LAW

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