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WHERE WORDS ARE UNAMBIGUOUS

Dictum

According to the canons of interpretation of statutes, it is a cardinal principle that, where the ordinary and plain meaning of words used are clear and unambiguous, effect must be given to those words in their natural and ordinary meaning or literal sense without resorting to any intrinsic aid.

– Tijjani Abubakar, JSC. Nwobike v. FRN (2021)

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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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COURT DEAL WITH LAW AS IT IS

The duty of the court is not to deal with the law as it ought to be but as it is. – Onnoghen, J.S.C. GEC v. DUKE (2007)

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INTERPRETATION: SPECIFIC THINGS MENTIONED

It is note worthy that where a Statute mentions specific things, those things not mentioned are not intended to be included. – Nwaoma Uwa, JCA. NOGA v. NICON (2007)

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IMMUNITY – CONSTITUTION MUST BE INTERPRETED ACCORDING TO ITS SPIRIT AND INTENTION OF THE FRAMERS

To hold that the governor is immune in such proceedings is to go counter to the spirit and intent of our Constitution. This standpoint is better appreciated when one envisages a situation where a person is sworn in as a governor, but is later discovered to be a person of questionable character who won the election with doubtful papers, if he is immune, it would mean that an election tribunal provided for under the Constitution, will not be able to question his election and do something about it through the judicial process. In other words, the Constitution would have acted in vain in setting up election Tribunals. That cannot be so. The Constitution is the highest law of the land, and its interpretation must accord with the letter and spirit of the Constitution to reflect the intention of the framers, particularly in a democracy such as ours where election matters have taken on the hue of a do or die affair. It is in the light of this that I uphold the submissions of the appellant that election petitions being a special proceedings, a governor or any occupant of that office mentioned in section 308 of the 1999 Constitution does not enjoy immunity when it comes to an election petition, which seeks for the determination of his election.

— A. Augie, JCA. AD v. Fayose (2004) – CA/IL/EP/GOV/1/2004

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CONSTRUE SECTIONS ACCORDING TO PARTS

Where a statute is divided into parts, the ideal is to construe the sections in the part in relation to other sections in that part. Thus although the general rule is to construe the statute as a whole clarity is better attained where the words so indicate, by construing the sections in their related parts.

– Karibe-Whyte, JSC. Savannah v. Ajilo (1989)

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ENTIRE PROVISIONS OF THE STATUTE MUST BE READ TOGETHER TO DETERMINE INTENTION OF THE LEGISLATURE

The law is settled that in order to discover the real intention of the legislature, the entire provisions of statute must be read together as a whole. No section of a statute should be read and construed in isolation. If the entire provisions of the FIA are read together, it becomes clear that before a request for access to information relating to personal information of an individual in the custody of a public official or public institution can be granted, the applicant must show to the institution or the Court where an applicant approaches the Court for a review of decision of a public institution to deny access to personal information in its custody, the existence of any of the conditions or situations stated under Section 14(2) and (3) of the Act.

— M.O. Bolaji-Yusuff, JCA. CCB v Nwankwo (2018) – CA/E/141/2017

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