Judiciary-Poetry-Logo
JPoetry

STATUTE SHOULD NOT BE CONSTRUED TO TAKE AWAY PROPERTY RIGHT WITHOUT COMPENSATION

Reach more audience. Place advert here.

Dictum

Therefore, the cardinal rule of construction and interpretation of statutes is that unless there is express provision in clear and unambiguous words within a statute expropriating the property of a person, the statute should be construed in favour of the person in whom the property has been vested and it should not be construed so as to deprive the person of his property without compensation. This rule of interpretation is in accord with the provisions of
Sections 31 and 40 of our 1963 and 1979 Constitutions respectively which enjoined compulsory acquisition of property without compensation.

– M. Bello, CJN. Abioye v. Yakubu (1991) – SC.169/1987

Was this dictum helpful?

SHARE ON

BY INTERPRETATION ACT, SINGULAR MEANS PLURAL IN ANY LEGISLATION

Let me hasten to state that even if the phrase any person denotes singular, by Section 14 of the Interpretation Act, in construing enactments, words in the singular include the plural and words in the plural include the singular. See COKER v. ADETAYO (1996) 6 NWLR (PT 454) 258 at 266, UDEH v. THE STATE (1999) LPELR (3292) 1 at 16-17 and APGA v. OHAZULUIKE (2011) LPELR (9175) 1 at 24-25.

— U.A. Ogakwu, JCA. ITDRLI v NIMC (2021) – CA/IB/291/2020

Was this dictum helpful?

DUTY OF JUDGE TO INTERPRETE THE LAW

I agree that a judge should be firm and pungent in the interpretation of the law but such should be short of a judge being a legislator. This is because it is the duty of the legislature to make the law and it is the assigned duty of the judge to interpret the law as it is; not as it ought to be. That will be flouting the rule of division of labour as set out by the Constitution of the Federal Republic of Nigeria, 1999. The provisions of sections 2(1) and 24 of the Act as reproduced above remain the law and shall continue to be so until when same is repealed or amended. For now, I see nothing amiss about the law.

— J.A. Fabiyi, JSC. FBN v. Maiwada (2012) – SC.269/2005

Was this dictum helpful?

WHERE INTERPRETATION IS CAPABLE OF TWO MEANINGS, ADOPT A NON-DEFEATIST APPROACH

It is settled that where in the interpretation of a word appearing in a particular piece of legislation, such word is capable of two meanings, the court has a duty to adopt an interpretation which would not defeat the intention of the law makers. See Mandara v. Attorney-General, Federation (1984) NSCC 221; Yabugbe v. C.O.P. (1992) 4 SCNJ 116; Lawal v. G. B. Ollivant (1972) 3 SC 124.

— Galadima, JSC. Wike Nyesom v. Peterside, APC, INEC, PDP (SC. 718/2015, 27 Oct 2015)

Was this dictum helpful?

WHAT IS A DISPUTE – SECTION 232(1) 1999 CONSTITUTION

It has been held by this Court vide Belgore, JSC (as he then was) in AG of the Federation vs AG of Abia State (2001) 11 NWLR (pt. 725) 689-at 737, inter alia, that the term dispute as used in section 232(1) of the 1999 Constitution “Involves acts of argument, controversy, debate, claims as to rights whether in law or facts varying opinion, whether passive or violent or any disagreement that can lead to public anxiety or disquiet…”

Was this dictum helpful?

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.”

Was this dictum helpful?

MARGINAL NOTE IS HELPFUL IN CONSTRUCTION OF A SECTION

Although the marginal note in a section is not part of the section, it is helpful even if occasionally misleading to construction, as a sign post to what the section sets out to provide.

– Karibi-whyte JSC. Idehen v. Idehen (1991) – SC. 271/1989

Was this dictum helpful?

Load More
No more related dictum to show.

Click the icons to like, follow, and join JPoetry

Facebook Twitter Whatsapp Telegram

Humongouz Empire

© 2025

designed by Humongouz Ztudio. 

TO – 865 | UO – 0 | GO – 643 | BO – 222

External link(s)

BOOK: First 2-years as a Law Student: Experiences and Lessons.