INTERPRETATION OF SECTION 137(1)(D) OF THE 1999 CONSTITUTION

The Petitioners have centered their contention on the provisions of Section 137(1)(d) of the 1999 Constitution which reads as follows: “137(1) A person shall not be qualified for election to the office of President if – (d) he is under a sentence of death imposed by any competent court of law or tribunal in Nigeria of a sentence of imprisonment or fine for any offence involving dishonesty or fraud by whatever name called or for any other offence imposed on him by any court tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal.” A careful examination of the above provision shows that the operative words of that paragraph of the Section are “sentence”, “imprisonment or fine” and “for any offence.” … It is discernible from the above that the “fine” referred to in paragraph (d) of Section 137(1) quoted above is one which emanates from a sentence for a criminal offence involving dishonesty or fraud. The words “for imprisonment or fine” also pre-supposes that the “fine” envisaged under the section is one which is imposed as an alternative to imprisonment. In other words, the provision of Section 137(1)(d) relates to sentence of death, or sentence of imprisonment or fine imposed as a result of a criminal trial and conviction.

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

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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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LIBERAL CONSTRUCTION SHOULD BE GIVEN TO CONSTITUTIONAL INTERPRETATION

It is that the provisions of the Constitution are to be given liberal construction so as to best carry out the intention of the founding fathers. Their construction is not to be guided by the construction of other constitutions in other common law jurisdictions unless similar provisions in pari materia were in question. This Court will not give to any provision of the Constitution a construction, which will defeat its obvious intention. – Andrews Otutu Obaseki, JSC. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550

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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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SPECIAL PROVISIONS DEROGATE FROM GENERAL PROVISIONS

The law is settled that in the interpretation of statutes, special things derogate from general things (generalibus specialia derogat). Where there is a conflict between two legislations one of which is special on a subject and the other legislation is general in nature, the legislation that is special in nature shall supersede.

– H.M. Ogunwumiju, JCA. ITV v. Edo Internal Revenue (2014) – CA/B/20/2013

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COURT SHOULD AVOID INTERPRETATION THAT WOULD REDUCE THE LEGISLATURE TO FUTILITY

Where there are two choices of interpretation. The court should always avoid the interpretation that would reduce the legislation to futility and adopt the one that would bring about the effective result.

– Nnaemeka-agu, JSC. Ude v. Nwara (1993)

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

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INTERPRETATION OF SECTION 137(1)(D) OF THE 1999 CONSTITUTION

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INTERPRETATION OF CONSTITUTION IS DIFFERENT FROM INTERPRETATION OF STATUTES

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LIBERAL CONSTRUCTION SHOULD BE GIVEN TO CONSTITUTIONAL INTERPRETATION

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COMMON SENSE SHOULD BE APPLIED IN CONSTRUING STATUTES

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SPECIAL PROVISIONS DEROGATE FROM GENERAL PROVISIONS

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COURT SHOULD AVOID INTERPRETATION THAT WOULD REDUCE THE LEGISLATURE TO FUTILITY

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