It is a Statutory provision which is clear and unambiguous. In such a situation, the duty of the court, is to give effect to the ordinary plain meaning of the words without resorting to any external aid. See the case of Chief Joseph A. Okotie-Eboh v. Chief James Ehiowo Manager & ors. (2004) 12 SCNJ 139. So, the question of Common Law, or Evidence Act, with respect, is therefore, of no moment.
— Ogbuagu, JSC. Grosvenor v Halaloui (2009) – SC.373/2002
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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.
It would be safer for the courts in this country to err on the side of liberalism whenever it comes to the interpretation of the fundamental provisions in the Constitution than to import some restrictive interpretation.
– Kayode Eso, JSC. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550
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 exercise is permissible under the relevant customary law.
– Bello CJN. Idehen v. Idehen (1991) – SC. 271/1989
The retrospective nature of a statute may concern the whole provisions of the Statute, as where the commencement date so indicates; or may concern only a section of the statute – see Lauri v. Renad. (1892) 3 Ch. 402 at p. 421; Pardo v. Bingham, (1868 -69) 4 L.R.Ch. App. 735 at p. 739 and West v. Gwynne (1911) 2 Ch. 1. Where a statute is passed for the purpose of supplying an obvious omission in a former statute, the subsequent statute has relation back to the time when the prior Act was passed – see p. 395 of Craies on Statute Law. 7th Edition. Where a statute is in its nature declaratory, the presumption against construing it retrospectively is inapplicable – See A – G v. Theobald. (1890) 24 Q.B.D. 557. If by necessary implication from the language employed that the legislature intended a particular section to have a retrospective operation, the courts will give it such an operation- Lane v. Lane (1896) P. 133.
Ibrahim v Barde (1996) – SC.74/1995
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
I agree with Mr. Sofola, S.A.N., in his submission that the court below was in error to have relied on clauses 3 and 6 of the lease agreement only and limited itself in the construction of the lease agreement to the construction of these clauses alone. The approach adopted by the court below is in violation of one of the fundamental and hallowed principles in the construction of document and written instruments, that the several parts, where there are more than one, must be interpreted together to avoid conflicts in the natural meaning in the various parts of the written document or instrument. This rule of construction was approved by this court in Ojokolobo & Ors. v.Alamu & Anor. (1987) 3 NWLR (Pt. 61)377,(1987)7 SCNJ 98.
— Karibi-Whyte, JSC. Unilife v. Adeshigbin (2001) 4 NWLR (Pt.704) 609
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