DO NOT IMPORT MEANING INTO A STATUTE

INTERPRETATION OF THE WORD “SHALL”

I return to section 146(1) of the Electoral Act. The third word in the section is “shall”. It is an obligatory and mandatory word conveying a command and compulsion. It is peremptory in nature and content. It is a word of authority imposing a duty mostly on an unnamed person. Courts of law mostly interpret the word in the above context of authority and command; bereft of discretion. (See Achineku v Ishagba (1988) 4 NWLR (Part 89) 411; UNTHBM v Nnoli (1994) 8 NWLR (Part 363) 376; Lt.-Gen Bamaiyi (Rtd) v Attorney-General of the Federation (2001) 12 NWLR (Part 727) 468; Ogidi v The State (2005) 5 NWLR (Part 918) 286). Although the word could, at times, convey a permissive meaning, like “may” it is my view that it conveys its usual and ordinary meaning of obligation and command in section 146(1).

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

THREE RULES OF STATUTORY INTERPRETATION

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)

DEFINITION OF “JUDICIAL” AND “JUDICIOUS”

The terms “Judicial” and “Judicious” were defined by the Supreme Court in the case of ERONINI v IHEUKO (1989) 2 NWLR (101) 46 at 60 and 61as follows: “Acting judicially imports the consideration of the interest of both sides weighing them in order to arrive at a just or fair decision. Judicious means:(a) proceeding from or showing sound judgment; (b) having or exercising sound judgment; (c) marked by discretion, wisdom and good sense.”