SPECIFIC STATUTES ARE NOT AFFECTED BY THE GENERAL STATUTE

COURT SHOULD AVOID CONSTRUCTION THAT WILL CAUSE CHAOS

In Okotie Eboh v. Manager (supra) Pats-Acholonu, JSC (of blessed memory) pronounced as follows: ‘An interpretation that seeks to emasculate should be avoided as it would do disservice to the citizenry and confine everyone into a legal container or labyrinth from which this court may not easily extricate itself ——– I believe that though justice is blind, it is nevertheless rooted in the nature of society and therefore the court should avoid constructions that could cause chaos and disenchantment. Justice must be applied in a way that it embraces and optimizes social engineering that is for the welfare of society. Enlightened society should expect a highly refined and civilized justice that reflects the tune of the time.’

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)

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)

FUNDAMENTAL PRINCIPLES THAT GOVERN THE INTERPRETATION OF OUR CONSTITUTION

I think I ought to state at this stage that, generally, the fundamental principles that govern the interpretation of our Constitution are:

(i) That such interpretation as would serve the interest of the Constitution, best carry out its object and purpose and give effect to the intention of the framers thereof should be preferred;

(ii) In the above regard, all the relevant provisions of the Constitution must be read together and not disjointly. See Ojokolobo v. Alantu (1987) 3 NWLR (Pt.61) 377;

(iii) Where the words of any section are clear and unambiguous, they must be given their ordinary meaning unless this would lead to absurdity or be in conflict with some other provisions of the Constitution and effect must be given to those provisions without any recourse to any other consideration;

(iv) So, too, where the provisions of the Constitution are capable of two meanings, the court must choose the meaning that would give force and effect to the Constitution read together as a whole and promote its object and purpose. See Nafiu Rabiu v. The State (1981) 2 NCLR 293; (1980) 8 – l I S.C. 130; Attorney-General of Ogun State v. Attorney-General of the Federation (1982) 1-2 S.C. 13; Chief Dominic Ifezue v. Livinus Mbadugha and another (1984) 1 SCNLR 427; (1984) 5 S.C. 79 at 100-101; (v) Although our courts may in appropriate cases give due regard to international jurisprudence and seek guidance, as persuasive authorities only, from the decisions of the courts of other common law jurisdictions on the interpretation and construction of similar provisions of their Constitutions which are in pari materia with the relevant provisions of our Constitution, the court will nevertheless accord due weight to our peculiar circumstances, the generally held norms of society and our values, aspirations and local conditions. See too Nafiu Rabin v. The State (supra); Senator Adesanya v. President of the Federal Republic of Nigeria (1981) 5 S.C. 112; Attorney-General of Bendel State v. Attorney-General of the Federation (1981) 10 S.C. 1; Ade Ogugu and others v. The Stare (1994) 9 NWLR (Pt.366) 1 at 22 – 28 etc.

— Iguh JSC. Onuoha v State (1998) – SC. 24/1996