INTERPRETATION OF SECTION 82 CFRN 1999

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)

EXCEPT STATED, STATUTE DOES NOT MAKE ANY ALTERATION IN THE LAW BEYOND

Crais on Statute Law 7th edition, the statement of the law reads at pages 121 to 122. “To alter any clearly established principle of law a distinct and positive legislative enactment is necessary. “Statutes” said the Court of Common Pleas in Arthur v. Bokenham are not presumed to make any alteration in the common law further or otherwise than the Act does expressly declare”.

– Cited in Abioye v. Yakubu (1991) – SC.169/1987

STATUTE SHOULD BE READ AS A WHOLE

It is important in the construction of a provision to read the statute as a whole. Such a method of construction enables an interpretation which brings into focus related sections which are complementary.

– Karibi-whyte JSC. Idehen v. Idehen (1991) – SC. 271/1989

WHAT IS A DISPUTE – SECTION 232(1) 1999 CONSTITUTION

It has been held by this Court vide Belgore, JSC (as he then was) in AG of the Federation vs AG of Abia State (2001) 11 NWLR (pt. 725) 689-at 737, inter alia, that the term dispute as used in section 232(1) of the 1999 Constitution “Involves acts of argument, controversy, debate, claims as to rights whether in law or facts varying opinion, whether passive or violent or any disagreement that can lead to public anxiety or disquiet…”

CONSTITUTIONAL DOCUMENTS & STATUTES ARE TO BE GIVEN THEIR ORDINARY MEANING

I think it is trite that in construing a constitutional document there is the need to look at its provisions as a whole and where possible, give such provisions their ordinary and natural meaning. See BANK OF ENGLAND v. VAGLIANO BROS. (1891) AC. 107 at 144 where Lord Herschell put the position thus:- “I think the proper course is in the first instance to examine the language of the statute and to ask what is its natural meaning, uninfluenced by any considerations derived from the previous state of the law, and not to start with inquiring how the law previously stood, and then, assuming that it was probably intended to leave it unaltered, to see if the words of the enactment will bear an interpretation in conformity with this view.”

– A.G. Irikefe JSC. AG Kaduna State v. Hassan (1985) – SC.149/1984