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

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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

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interpretation

COURT CANNOT READ INTO THE CONSTITUTION WHAT IS NOT THERE

Courts of law, in interpreting the Constitution or a statute have no jurisdiction to read into the Constitution or statute what the legislators did not provide for, and a fortiori read out of the Constitution or statute what is provided for by the legislators. In either way, the courts are abandoning their constitutional functions and straying into those of the Legislature by interfering or interloping with them. As that will make nonsense of the separation of powers provided for in sections 4 and 6 of the Constitution, courts of law will not do such a thing, whatever is the pressure by Counsel.

— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008

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LEAN TO BROADER INTERPRETATION IN STATUTES; INTERPRETATION SHOULD NOT DEFEAT PURPOSE OF STATUTE

In Rabiu v. State (1980) 8-11 SC. 130 at 148-149; Udoma JSC opined: In my view, this Court should whenever possible, and in response to the demands of justice, lean to the broader interpretation; unless there is something in the text or in the rest of the Constitution to indicate that the narrower interpretation will best carry out the objects and purposes of the Constitution…I do not conceive it to be the duty of this Court to construe any of the provisions of the Constitution as to defeat the obvious ends the Constitution was designed to serve where another construction equally in accord and consistent with the words and sense of such provisions will serve to enforce and protect such ends.”

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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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THE PHRASE “IN LIEU OF NOTICE”

I consider it necessary to say something about the phrase “in lieu of notice” which is liable to be misunderstood, in this connection. The phrase has been defined in the Concise Oxford Dictionary of English Language 4th Ed. page 687 as “in the place, instead of “. Black’s Law Dictionary, Sixth Ed. P.787, also defines the phrase as “instead of, in place of, in substitution of….Thus when the condition of termination of the contract of service is the giving of two months’ notice or the payment of two months’ salary in lieu of notice, it can only mean the payment of two months’ salary instead of, in place, in substitution of the giving of two months notice.

– Karibe-Whyte, JSC. Chukwumah v. SPDC (1993)

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STATUTE TO BE INTERPRETED IN ORDINARY AND LITERAL MEANING

In any case, the provisions of section 232 of the 1999 Constitution are quite clear. It is now well settled that the duty of this Court and indeed any other court, is to interpret the words contained in the Constitution, and any statute in their ordinary and literal meaning. Certainly, it is not the duty of the court to go outside words used in a statute and import an interpretation which may be or is convenient to it or to the parties or to one of the parties.

— Mohammed JSC. AG Kano State v AG Federation (2007) – SC 26/2006

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EFFECT ORDINARY MEANING WHERE WORDS OF STATUTES ARE CLEAR

The law is settled that where the words of a statute are clear, precise and unambiguous; the law mandates the Court to give such words their ordinary and literal meaning without any interpolation as there is nothing to interpret. The rationale behind this being that the cardinal function of the Courts is to declare the law and not to make law – jus dicere not jus dare. See Nwude V FRN (2015) 5 NWLR (Pt. 1506) 471; Raji v State (2012) LPELR-7968(CA) 75-78, paras F-F; Amoshima V State (2011) 4 NWLR (Pt. 1268) 530; & Tanko V State (2009) 4 NWLR (Pt. 1131) 430.

— J.H. Sankey, JCA. Brila Energy Ltd. v. FRN (2018) – CA/L/658CA/2017

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