The use of the term culprits implies a finding of guilt and any finding of guilt without a trial is a breach of all the rules of natural justice. The Investigating panel is therefore turned into prosecutor, witness and judge.
– Andrews Otutu Obaseki, JSC. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550
SHARE ON
The primary function of the court is to search for the intention of the lawmaker in the interpretation of a statute. Where a statute is clear and unambiguous, as it is in this case, the court in the exercise of its interpretative jurisdiction, must stop where the statute stops. In other words, a court of law has no jurisdiction to rewrite a statute to suit the purpose of one of the parties or both parties. The moment a court of law intends to rewrite a statute or really rewrites a statute, the intention of the lawmaker is thrown overboard and the court changes place with the lawmaker. In view of the fact that that will be against the doctrine of separation of powers entrenched in the Constitution, a court of law will not embark on such an unconstitutional act. Courts of law follow the literal rule of interpretation where the provision of the statute is clear and no more. And that is the position in this appeal.
– Tobi JSC. Araka v. Egbue (2003) – SC.167/1999
It appears rather from the resolution, exhibit A, and the proceedings of the house, exhibit C, that the purposes is the decision of the house to show resentment for the respondent’s affront in daring to publish something about highly placed legislators rather than a plan for the investigation of the members for abuse. This should not be. The essence of section 82(2) of the Constitution is invalid (sic). No power exists under the section for general investigation nor for the aggrandizement of the house. So, the [respondents] were not entitled to have invited the [appellant] in the first instance.
– Oguntade, JCA. El-Rufai v. House of Representatives (2003)
One of the important principles in the interpretation of statutes is that the clauses or sections of the Act or statute should be construed together.
– Nnamani, JSC. Savannah v. Ajilo (1989)
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
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.”
In the matter of the interpretation of statutes, Courts have been well guided over the years with the clear boundary beyond which Courts cannot enter. Thus, while Courts have the power to interpret the law, it has no licence to veer into the legislative arena or constitute itself into the legislator, however harsh or distasteful the piece of legislation may be. Once the words are plain and unambiguous, the Court is duty bound to give effect to it. In other words, in the interpretation of statutes, words should always be given their ordinary meaning. Where the words are clear, unambiguous and to the point, any addition or subtraction will be sequel to introducing an illegal backdoor amendment. See Setraco Nig Ltd V Kpaji (2017) LPELR-41560(SC) 25-26, paras D-A, per Peter-Odili, JSC; & Skye Bank Plc V Iwu (2017) LPELR-42595(SC) 118 paras B-C, per Ogunbiyi, JSC.
— J.H. Sankey, JCA. Zangye v Tukura (2018) – CA/MK/175/2017
Click the icons to like, follow, and join JPoetry