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INTERPRETATION OF SECTION 82 CFRN 1999

Dictum

In my view their power under the section is further circumscribed and limited by sub-section (2) of section 82. They can only invite members of the public when they want to gather facts for the purpose of enabling them make law or amend existing laws in respect of any matter within their legislative competence or as witnesses in a properly constituted inquiry under section 82(1)(b). Their power to expose corruption, inefficiency, or waste is also limited to government departments, authorities, and functionaries.

– Oguntade, JCA. El-Rufai v. House of Representatives (2003)

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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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MEANING OF THE WORD “SHALL” – IT IS A COMMAND

At para. 2.19: In the case of Dr. Arthur Agwuncha Nwankwo and Ors V. Alhaji Umaru Yar’Adua and Ors. (2010) LPELR-2109(SC), the apex Court held as follows on the interpretation to be accorded the word ‘shall’ in a statute, “The word shall when used in a statutory provision imports that a thing must be done. It is a form of command or mandate. It is not permissive, it is mandatory. The word shall in its ordinary meaning is a word of command which is normally given a compulsory meaning as it is intended to denote obligation. Bamaiyi V. A.G. Federation (2001) 12 NWLR Pt. 722 pg. 468 Ifezue V. Mbadugha (1984) 1 SCNLR pg. 427 Chukwuka V. Ezulike (1986) 5 NWLR pt. 45 pg. 892, Ngige V. Obi (2006) 14 NWLR pt. 991, pg. 1.” See also Chika Madumere and Anor V. Barrister Obinna Okwara and Anor (2013) LPELR-20752(SC).

— (Relied upon in FRN v ASUU (2022) – NICN/ABJ/270/2022)

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LITERAL RULE OF CONSTRUCTION

Generally, where the words of a statute are clear and unambiguous, the court should give same its ordinary literal interpretation. This is often referred to as the literal rule. It is the most elementary rule of construction. Literal construction has been defined as the interpretation of a document or statute according to the words alone. A literal construction adheres closely to the words employed without making differences for extrinsic circumstances. See: Blacks Law Dictionary sixth Edition, Page 993.

— J.A. Fabiyi, JSC. FBN v. Maiwada (2012) – SC.269/2005

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DEFINITION OF “SECONDMENT”

The term secondment is mostly used in the public service which is not the case in the instant suit. That notwithstanding, the Black’s Law Dictionary at page 1555 defines ‘secondment’ as “a period of time that a worker spends away from his or her usual job”. The court in the case of ALHAJI HAMZA DALHATU v. ATTORNEY GENERAL, KATSINA STATE & ORS (2007) LPELR-8460(CA) also reckoned the meaning of secondment as used in the Public service rules when it stated that: “SECTION 6 – TRANSFERS AND SECONDMENT 02601 – TRANSFER is the permanent release of an officer from one service to another or from one class to another within the same service. SECONDEMENT means the temporary release of an officer to the service of another Government or Body for a specified period.” Per ARIWOOLA, J.C.A. (P.34, paras. A-B).

— Z.M. Bashir, J. Gbaraka v Zenith Securities & Anor. (2020) – NICN/PHC/45/2018

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PURPOSIVE INTERPRETATION WHEN LITERAL INTERPRETATION WILL LEAD TO ABSURDITY

Office of Governor, Adamawa State PDP V. INEC (1999) 11 NWLR (Pt. 626) 200 SC, the natural words of the Constitution at the time only allowed for the assumption of office by a Deputy in the event of the Governor’s death and at page 249 in PDP V. INEC (supra), Wali, JSC, very aptly observed as follows: “Where literal interpretation of a word or words used in an enactment will result in an absurdity or injustice, it will be the duty of the Court to consider the enactment as a whole with a view to ascertain whether the language of the enactment is capable of any other fair interpretation, or whether it may not be desirable to put a secondary meaning on such language, or even to adopt a construction which is not quite strictly grammatical Alhaji Atiku Abubakar and Mr. Bonnie Haruna were simultaneously elected as Governor and Deputy Governor of Adamawa State by the electorate of that State. Each must have his own supporters that had voted for him. Each has, therefore, acquired a right by being elected. If the narrow and literal interpretation applied to Section 37(1) of the Decree by the Court of Appeal is adopted, the end result will be that Mr. Bonnie Haruna, through no process of a successful election petition lodged against his election, is being deprived of the mandate given to him by the people of Adamawa State. It is manifest from the fact in this case that principles of justice require that where something is not expressly provided for in an enactment, the Court, in interpreting such enactment, will take into consideration the spirit and meaning of the enactment as a whole and construe it accordingly. To arrive at a just and fair decision, we must bear in mind the provision of Section 45(1) of the Decree, which though not in force at the time this action was instituted, but has adequately provided for a situation as the one at hand, such as resignation, permanent incapacity or removal for any other reason. The act of Alhaji Atiku Abubakar can be likened to permanent incapacity or even death in the given situation. The word “dies” in Section 37(1) of the Decree, in my view, expresses only a more permanent form of incapacity. If comparison of one clause with the rest of the enactment makes certain preposition clear and undoubted, it must be construed accordingly so as to make it a constant and harmonious whole. To adhere to the literal construction put on Section 37(1) of the Decree as done by the Court of Appeal, will lead to manifest injustice being visited on the 2nd Appellant. The word “dies” used in that Section, and having regard to Section 45(1) of the said Decree, needs to be modified to include and cover the situation created by the departure of Alhaji Atiku Abubakar, in order to avoid any inconvenience and manifest injustice to the 2nd Appellant. Courts may resort to purposive interpretation if they can find in the Statute read as a whole, or in material to which they are permitted by law to refer as aids to interpretation, an expression of legislature’s purpose and policy.”

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THE WORD “CULPRIT” SIGNIFIES GUILT

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

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