STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

DEFINITION OF “SECONDMENT”

Reach more audience. Place advert here.

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

Was this dictum helpful?

SHARE ON

interpretation

EXCEPT DECLARED, STATUTES DOES NOT MAKE ALTERATION IN THE COMMON LAW

Halsbury’s Laws of England, Volume 14 paragraphs 904 and 906, which read: “Except insofar as they are clearly and unambiguously intended to do so, statutes should not be construed so as to make any alteration in the common law or to change any established principle of law, or to alter completely the character of the...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

INTERPRETATION OF THE WORD “SHALL”

When the word “shall” is used in a statute it connotes the intendment of the legislator that what is contained therein must be done or complied with. It does not give room for manoeuvre of some sort, or evasiveness. Whatever the provision requires to be done must be done, and it is not at all...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

DATE OF COMMENCEMENT: IF STATUTE IS TO HAVE AN EARLIER APPLICATION, IT IS TO BE STATED EXPLICITLY

The date of commencement of the Decree, as stated in the marginal note in it, was 20th June, 1991. The date of commencement of a statute is the date that it comes into operation. In the circumstance, the date on which the Decree itself, which included section 11 thereof, came into operation was the 20th...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

INTERPRETATION OF CONSTITUTION IS DIFFERENT FROM INTERPRETATION OF STATUTES

It is pertinent to state that unlike interpretation of statutes, the interpretation of Constitution has its own guiding principles. In FRN V NGANJIWA, which was cited by the Petitioners as SC/794/2019, but which is reported as FRN v NGANJIWA (2022) LPELR-58066(SC), the Supreme Court has succinctly reviewed decided cases on interpretation of the Constitution and...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

INTERPRETATION OF S.22 LAND USE ACT

Firstly, the position of section 22 of the Act, is undoubtedly, that a holder of a right of occupancy, may enter into an agreement or contract, with a view to alienating his said right of occupancy. In entering into such an agreement or contract, he does not need the consent of the Governor. He merely...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

MISCHIEF RULE IN INTERPRETATION

It is well settled that the object of all interpretation is to discover the intention of the legislature from the language used in the statute and to give effect to it. One of the most useful guides to interpretation is the mischief rule which considers the state of the law before the enactment, the defect...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

No more related dictum to show.