There is also the related issue and it is that where a Court of law is exposed to two provisions; one general and the other specific, the Court will fall upon the specific provision, in the event of an apparent conflict.
– T.N. Orji-Abadua, JCA. Kabau v. Rilwanu (2013) – CA/K/179/2001
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In ADESOLA V. ABIDOYE (1999) 14 NWLR (Pt. 637) 28 @ p. 56, where the Supreme Court per Karibi-Whyte J.S.C., “The construction of the word “may” in provisions of statutes has always raised difficulties. This is not because of the impression of the word … because the word “may” assumes a technical meaning depending upon the intendment of the statutory provision in which it is used. Although the etymological meaning of “may” is permissive and facultative and seldom can mean “must” and imperative it assumes this last-mentioned character; when there is anything in the provision that makes it the duty on the person on whom the power is conferred to exercise that power. When the exercise of the power is coupled with a duty on the person to whom it is given to exercise it, then it is imperative. In the instant case, there is a duty on the aggrieved who desires to set aside the decision of the prescribed authority to make his representation to the Commissioner for Chieftaincy Affairs within twenty-one days of the decision. The use of the expression ‘may’ in this situation is not merely facultative, but mandatory. There is no alternative.The aggrieved has no choice of action in the remedy provided for him….Accordingly, the word ‘may’ in Section 22(5) of the Chiefs Law of Oyo State, 1978 should be construed as imperative; the exercise of the right not being optional.”
Maxwell on Interpretation of Statutes 12th Ed. page 116. The statement of the law reads: “Few principles of statutory interpretation are applied as frequently as the presumption against alterations in the common law. It is presumed that the legislature does not intend to make any change in the existing law beyond that which is expressly stated in or followed by necessary implication from the language of the statute in question. It is thought to be in
the highest degree improbable that Parliament would depart from the general system of law
without expressing its intention with irresistible clearness and to give any such effect to general words merely because this would be their widest, usual, natural or literal meaning would be to place on them a construction other than that which Parliament must be supposed to have intended. If the arguments on a question of interpretation are fairly evenly balanced, that interpretation should be chosen which involves the least alteration of the existing law.”
– Cited in Abioye v. Yakubu (1991) – SC.169/1987
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)
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)
The cardinal principle of law of interpretation is that a court when interpreting a provision of a statute must give the words and the language used their simple and ordinary meaning, and not to venture outside it by introducing extraneous matters that may lead to circumventing or giving the provision an entirely different interpretation to what the law maker intended it to be. – A.M. Mukhtar, JSC. Unipetrol v. Edo State Internal Revenue (2006) – S.C. 286/2001
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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