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THREE RULES OF STATUTORY INTERPRETATION

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Specifically, there are three main rules of statutory interpretation: (a) the Literal Rule: where the words are plain and unambiguous, they must be given their natural and ordinary meaning, unless to do so would lead to absurdity. The plain words used by the legislature provide the best guide to their intention. See:Adewumi & Anor. Vs A.G. Ekiti State (2002) 2 NWLR (Pt.751) 474; A.G. Lagos State Vs Eko Hotels & Anor. (2006) 18 NWLR (Pt.1011) 378; Ojokolobo Vs Alamu (1987) 3 NWLR (Pt.61) 377; Sani Vs The President FRN & Anor (2020) LPELR – 50990 (SC) @ 22 – 23 D -A. (b) The Golden Rule: Where the use of the Literal Rule would lead to absurdity, repugnance or inconsistency with the rest of the statute, the ordinary sense of the words may be modified so as to avoid the absurdity or inconsistency, but no further. See: General Cotton Mill Ltd. Vs Travellers Palace Hotel (supra); Grey Vs Pearson (1857) 6 HLC 61 @ 106; PDP & Anor Vs INEC (1999) 7 SC (Pt. II) 30; Saraki Vs FRN (2016) 1 – 2 SC (Pt. V) 59. (c) The Mischief Rule: Formulated and laid down in Heydon’s Case 3 Co. Rep. 7a @ 7b as follows: (i) “What was the common law before the making of the Act? (ji) What was the mischief and defect for which the common law did not provide? (iii) What remedy the Parliament hath resolved and appointed to cure the disease of the commonwealth? and (iv) The true reason of the remedy; and then the office of all the judges is always to make such construction as shall suppress the mischief and advance the remedy …”

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

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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)

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PERSON WHO INTERPRETED A STATEMENT MUST TENDER IT IN COURT

It is settled that the person or officer who interpreted a statement must tender it in Court so that if necessary, the interpreter can be cross examined on whether the interpreted statement is the correct interpretation of the original words as spoken by the Defendant.

– H.M. Ogunwumiju, JSC. State v. Ibrahim (2021) – SC.200/2016

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DEFINITION OF THE WORD “FEDERATION”

In Attorney-General of the Federation v Attorney-General of Imo State (1993) 4 NCLR 178 where Bello, JSC (as he then was of blessed memory) defined the word “Federation” in his judgment at pages 193-194 where he said:- “It now remains to consider the crucial question, which has never been decided by this Court, as to what is ‘Federation’ and ‘State’ within the ambit of section 212 of the Constitution . . . ‘State’ when used otherwise than in relation to one of the component parts of the Federation includes government . . . ‘government’ includes the Government of the Federation, or of any State or of a Local Government Council or any person who exercises power or authority on its behalf . . . The meaning of the word ‘Federation’ presents no difficulty. It is clear from the provisions of section 2 of the Constitution that the words ‘Nigeria’, ‘Sovereign State’, ‘Federal Republic of Nigeria’ and ‘Federation’ are synonymous. I hold that ‘Federation’ in section 212(1) of the Constitution bears the same meaning as the Federal Republic of Nigeria.” (Relied on in AG Kano State v AG Federation (2007) – SC 26/2006)

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A RETROSPECTIVE OPERATION IS NOT TO BE GIVEN TO A STATUTE UNLESS EXPRESSLY INTENDED

✓ In Re Athlumney (1898) 2 Q.B. 547, Wright J opined thus:-“Perhaps no rule of construction is more firmly established than this, that a retrospective operation is not to be given to a statute so as to impair an existing right or obligation, otherwise than as regards a matter of procedure, unless that effect cannot be avoided without doing violence to the language of the enactment; If the enactment is expressed in a language that is fairly capable of either interpretation, it ought to be construed as prospective only.”

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WHERE INTERPRETATION IS NEEDED ORIGINATING SUMMONS IS APPROPRIATE

KEYAMO VS. HOUSE OF ASSEMBLY, LAGOS STATE (2000) 11 W.R.N. 29 at 40, (2000) 12 NWLR (Pt. 680) 796 at 213 stated as follows: “I must state that the correct position of the law is that originating summons is used to commence an action where the issue involved is one of the construction of a written law or of any instrument made under a written law, or of any deed, contract or other document or some other question of law or where there is unlikely to be any substantial dispute of fact. This is the provision of Order 3 Rule 2 (2) of the Lagos State Civil Procedure (supra)”

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LEGISLATION WITH RETROSPECTIVE EFFECT

Thus, the effect of making Exhibit 7, a subsidiary legislation with retrospective effect, to take care of the appointment process of the Emirship of Suleja, which as I earlier pointed out, has the force of law and now over-rides customary law. This is the moreso, in the instant case where confusion characterising the kingmaker’s body charged with the selection process and which was not helped by declaring what role the customary law vis-a-vis Exhibit 10 (the chronicle of Abuja) played in that process needed to be formalised and codified.

— Onu JSC. Ibrahim v Barde (1996) – SC.74/1995

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