EXPRESSIO UNIUS EST EXCLUSION ALTERIUS

A-G. of Bendel State v. Aideyan (1989) 4 NWLR 646. This is that the express mention of one thing in a statutory provision automatically excludes any other which otherwise would have applied by implication, with regard to the same issue.

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SECTIONS OF STATUTE BE READ TOGETHER

One of the important principles in the interpretation of statutes is that the clauses or sections of the Act or statute should be construed together.

– Nnamani, JSC. Savannah v. Ajilo (1989)

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MARGINAL NOTE IS HELPFUL IN CONSTRUCTION OF A SECTION

Although the marginal note in a section is not part of the section, it is helpful even if occasionally misleading to construction, as a sign post to what the section sets out to provide.

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

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WORDS AND PHRASES ARE TO BE GIVEN THEIR ORDINARY MEANING

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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DEFINITION OF THE WORD “FEDERATION”

In Attorney-General of the Federation v Attorney-General of Imo State (1993) 4 NCLR 178 where Bello, JSC (as he then was of blessed memory) defined the word “Federation” in his judgment at pages 193-194 where he said:- “It now remains to consider the crucial question, which has never been decided by this Court, as to what is ‘Federation’ and ‘State’ within the ambit of section 212 of the Constitution . . . ‘State’ when used otherwise than in relation to one of the component parts of the Federation includes government . . . ‘government’ includes the Government of the Federation, or of any State or of a Local Government Council or any person who exercises power or authority on its behalf . . . The meaning of the word ‘Federation’ presents no difficulty. It is clear from the provisions of section 2 of the Constitution that the words ‘Nigeria’, ‘Sovereign State’, ‘Federal Republic of Nigeria’ and ‘Federation’ are synonymous. I hold that ‘Federation’ in section 212(1) of the Constitution bears the same meaning as the Federal Republic of Nigeria.” (Relied on in AG Kano State v AG Federation (2007) – SC 26/2006)

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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

COURT SHOULD AVOID INTERPRETATION THAT WOULD REDUCE THE LEGISLATURE TO FUTILITY

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EXPRESSIO UNIUS EST EXCLUSION ALTERIUS

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SECTIONS OF STATUTE BE READ TOGETHER

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MARGINAL NOTE IS HELPFUL IN CONSTRUCTION OF A SECTION

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WORDS AND PHRASES ARE TO BE GIVEN THEIR ORDINARY MEANING

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DEFINITION OF THE WORD “FEDERATION”

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

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