THE WORDS OF THE STATUTES BEST DECLARES THE INTENTION OF THE LEGISLATORS

It is a cardinal rule of the construction of statutes that statutes should be construed according to the intention expressed in the statutes themselves. If the words of the statutes are themselves precise and unambiguous, then, no more is necessary than to expound the words in their natural and ordinary sense. The words of the statutes do alone, in such a case, best declare the intention of the lawmaker – See Ahmad v. Kassim (1958) SCNLR 58; (1958) 1 NSCC II; Capper v. Baldwin (1965) 2Q.B. 53 at p. 61; Cargo ex Argos, (1873) L.R. 5 P.C.134 at p. 153. In the case of Barnes v. Jarvis. (1953) 1 W.L.R. 649.

— Uwais, CJN. Ibrahim v Barde (1996) – SC.74/1995

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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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CONSTRUCTION OF STATUTE SHOULD NOT DEFEAT ITS’ INTENT

Generally, where the words of a statute are plain, clear and unambiguous, the Court should give them their literal meaning. So the golden or literal rule of interpretation of statutes or even a Constitution, is to give the words used therein, their ordinary and plain meaning without importation. The Court should construe the words of a statute, to save it and so avoid making a mockery of the statute, to defeat its manifest intent.

– Yahaya, JCA. Petroleum Resources v. SPDC (2021)

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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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INTERPRETATION: WHERE AMBIGUITY EXIST

On the other hand where the literal interpretation of the provision of a Statute will result in some ambiguity or injustice, the Court may seek internal aid within the body of the statute itself or external aid from statutes which are in pari materia in order to resolve the ambiguity or to avoid doing injustice in the matter.

– Nwaoma Uwa, JCA. NOGA v. NICON (2007)

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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)

SECTIONS OF STATUTE BE READ TOGETHER

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THE WORDS OF THE STATUTES BEST DECLARES THE INTENTION OF THE LEGISLATORS

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PURPOSEFUL INTERPRETATION OF A STATUTE

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CONSTRUCTION OF STATUTE SHOULD NOT DEFEAT ITS’ INTENT

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WHEN STATUTE MAY BE CONSTRUED RETROSPECTIVELY

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INTERPRETATION: WHERE AMBIGUITY EXIST

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COURT DEAL WITH LAW AS IT IS

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