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WORDS AND PHRASES ARE TO BE GIVEN THEIR ORDINARY MEANING

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Under the literal rule of interpretation of statute, words and phrases in enactments are to be given their ordinary, original or grammatical meanings even if it will create hardship, inconvenience or injustice to the parties in so far as it will not result to absurdity. See, B.A.J (NIG) LTD. v. OGUNSEYE (2010) 4 NWLR (1184) 343, AMAECHI v. INEC (2007) 9 NWLR (PT. 1080) 504, UWAGBA v. FRN (2009) 15 NWLR (P. 1163) 91, OWENA BANK v. STOCK EXCHANGE (1997) 7 SCNJ 160.

— A.O. Obaseki-Adejumo, JCA. FRSC v Ehikaam (2023) – CA/AS/276/2019

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STATUTES ARE TO BE GIVEN THE ORDINARY MEANING

It is a settled cardinal principle of statutory interpretation that where, in their ordinary meaning the provisions are clear and unambiguous effect should be given to them without resorting to external aid. The duty of the court is to interpret the words of the statute as used. Those words may be ambiguous, but even if they are the power and duty of the court to travel outside them on a voyage of discovery are strictly limited (see for example Attorney-General of Bendel State v. Attorney-General of ‘the Federation (1981) 10S.C. 1; Abioyev.Yakubu(1991)5 NWLR (Pt. 190) 130, Lawal v. G.B. Ollivant (1972) 2 S.C. 124, Aya v. Henshaw (1972) 5 S.C. 87.

— I.L. Kutigi, JSC. Kotoye v. Saraki (1994) – S.C. 147/1993

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INTERPRETATION SHOULD NOT DEFEAT THE ULTIMATE DESIGN OF THE STATUTE

It is now trite law that in the quest to interpret or construe the provisions of a statute or the Constitution, the Court or Tribunal must construe or interpret the statute or the Constitution in order to bring out plainly the real intention of the Lawmaker or the framers of the Constitution and thus enhance its purpose. The Court or Tribunal has a bounden duty to consider as a whole the entire provisions of the law or the Constitution involved. The Statute or the Constitution in question must not be construed in a manner that will do violence to the provisions being interpreted and must not be interpreted to defeat the ultimate design or purpose of the Constitution or statute that calls for interpretation.

– OLABISI IGE, JCA. Petroleum Resources v. SPDC (2021)

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WHERE PROVISIONS ARE UNAMBIGUOUS, MUST BE GIVEN ORDINARY MEANING

ATTORNEY GENERAL OF THE FEDERATION VS. THE GUARDIAN NEWSPAPER (1999) 9 N.W.L.R. (PART. 618), page 187 wherein IGU, JSC at page 264, paragraph G – H of the report had this to say – : “…And where the words used or the provision of any section the law are clear and unambiguous, they must be given their ordinary meaning unless, of course, this would lead to absurdity or be in conflict with other provisions of the law.”

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HEADINGS OF A STATUTE SHOULD BE LOOKED AT TO CLARIFY AMBIGUITY

My Lords, I am persuaded that we must look at the heading of both sections of the statute to clarify any ambiguity. See OGBONNA v. A. G. IMO STATE (1992) 1 NWLR Pt. 220 Pg. 647, OYO STATE BOARD OF INTERNAL REVENUE v. UNIVERSITY OF IBADAN (2013) LPELR 2215.

— H.M. Ogunwumiju, JSC. UBA v Triedent Consulting Ltd. (SC.CV/405/2013, July 07, 2023)

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COURT SHOULD AVOID CONSTRUCTION THAT WILL CAUSE CHAOS

In Okotie Eboh v. Manager (supra) Pats-Acholonu, JSC (of blessed memory) pronounced as follows: ‘An interpretation that seeks to emasculate should be avoided as it would do disservice to the citizenry and confine everyone into a legal container or labyrinth from which this court may not easily extricate itself ——– I believe that though justice is blind, it is nevertheless rooted in the nature of society and therefore the court should avoid constructions that could cause chaos and disenchantment. Justice must be applied in a way that it embraces and optimizes social engineering that is for the welfare of society. Enlightened society should expect a highly refined and civilized justice that reflects the tune of the time.’

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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)

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