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THE PHRASE “IN LIEU OF NOTICE”

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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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interpretation

STATUTES ARE TO BE READ AS A COMPOSITE WHOLE

There are certain settled principles that guide the Court in the interpretation of statutes. Generally, statutory provisions must be interpreted in the context of the whole statute and not in isolation. They must be interpreted in a manner that is most harmonious with its scheme and general purpose. Furthermore, where the subject matter being construed relates to other sections (or subsections) of the same statute, they must be read, considered and construed together as forming a composite whole. See: General Cotton Mill Ltd. Vs Travellers Palace Hotel (2018) 12 SC (Pt. II) 106 @ 130 lines 14 -35; 168 lines 20 – 31. See also: Obi Vs INEC (2007) 7 SC 268; Akpamgbo-Okadigbo & Ors. Vs Chidi & Ors. (2015) 3 – 4 SC (Pt. III) 25; Nobis-Elendu Vs INEC (2015) 6 – 7 SC (Pt. IV) 1.

— K.M.O. Kekere-Ekun JSC. Umeano v. Anaekwe (SC.323/2008, Friday January 28 2022)

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WHERE WORDS ARE CLEAR NO INTERPRETATION IS NEEDED

It is settled law that where the words of a statute or Constitution are clear and unambiguous, they call for no interpretation, the duty of the court in such a circumstance being to apply the words as used by the legislature.

– WS Onnoghen, JSC. Calabar CC v. Ekpo (2008)

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LITERAL RULE OF CONSTRUCTION

Generally, where the words of a statute are clear and unambiguous, the court should give same its ordinary literal interpretation. This is often referred to as the literal rule. It is the most elementary rule of construction. Literal construction has been defined as the interpretation of a document or statute according to the words alone. A literal construction adheres closely to the words employed without making differences for extrinsic circumstances. See: Blacks Law Dictionary sixth Edition, Page 993.

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

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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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WORDS SHOULD BE CONSTRUED IN ACCORDANCE TO THEIR INTENTION

Taking the first and third issues together, the central question is the interpretation to be given to Exhibit 2. I have already set it out above. The first question is what approach should be made in the interpretation of Exhibit 2? In my judgment it is crucial that Exhibit 2 should be construed in the context in which it was written. For, I believe it to be well – settled that in the interpretation of statutes we ought to bear in mind the circumstances when the Act was passed and the mischief which then existed and use them as an aid to the construction of the words which Parliament has used. See on this: Holme v. Guy (1877) 5 Ch. O. 596; River Wear Commissioners v. Adamson (1877) 2 App. Cas. 743, per Lord Blackburn; Eastman Photographic Materials Co., Ltd. v. Comptroller-General of Patents (1898) A.C. 571. Besides, words in a statute are to be construed in accordance with their intention. See Wandsworth Board of Works v. United Telephone Co. (1884) 13 Q.B.D. 904. These principles of interpretation have for a long time been applied to the interpretation of documents.

— Nnaemeka-Agu, JSC. Ashibuogwu v AG Bendel State (1988) – SC.25/1986

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INTENTION CAN BE ASCERTAINABLE FROM THE DOCUMENT

The learned trial Judge considered the somewhat exclusive character of the occupation of the petrol station by the respondent and gave weight to some expressions used in the agreement as words indicating that a tenancy as distinct from a licence is the subject matter of the agreement. I have not the slightest doubt he was right in considering these expressions: he was right in considering the character of the occupation; but it appears to me it was his duty to do more than this. It was also his duty to consider the conduct of the parties as well as their intention, particularly when such intention is ascertainable from the document or agreement as a whole.

– Ademola, CJF. Mobil v. Johnson (1961)

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