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DEFINITION OF “SECONDMENT”

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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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PURPOSEFUL INTERPRETATION OF A STATUTE

For the purposeful interpretation of a statute, the law requires that the sections of the statute be read and considered in community, wholistically or together and not some or individual sections in isolation of the others. – Garba, JCA. Dunlop v. Gaslink (2018) Was this dictum helpful? Yes 1 No 0...

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GENERAL PROVISION MUST GIVE WAY FOR SPECIFIC PROVISION

The law is trite that where there is a specific legislation on a matter, the general principle of law must give way and cannot override the specific provisions of law on the subject. See Orubu v. INEC (1988) 12 SCN) 256 at 349, Unity Bank Plc. v. Kay Plastic Nig. Limited & anor (2011) LPELR...

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MEANING OF SUBJECT TO ANY CUSTOMARY LAW IN WILLS LAW

The introductory phrase “subject to any customary law relating thereto” necessarily makes the power given to a testator under the subsection dependent upon the particular customary law permitting it. In effect, the power of the testator to devise his real and personal estates by Will is limited by the extent, if any, to which its...

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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...

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GUIDING PRINCIPLES TO THE INTERPRETATION OF THE NIGERIAN CONSTITUTION

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 outlined these guiding principles: (a) In interpreting the Constitution, which is the supreme law of the land, mere technical...

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STRICT PRINCIPLES ARE INAPPLICABLE TO NATIVE COURT PROCEEDINGS

The procedure of a Native Court should not be subjected to strict principles of law as done, in the regular courts of record. Greater latitude and broader interpretation should be accorded to decisions of native courts. – Fabiyi JSC. Ogundele v. Agiri (2009) Was this dictum helpful? Yes 0 No 0...

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