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The learned trial Judge considered the somewhat exclusive character of the occupation of the petrol station by the respondent and gave weight to some expressions used in the agreement as words indicating that a tenancy as distinct from a licence is the subject matter of the agreement. I have not the slightest doubt he was right in considering these expressions: he was right in considering the character of the occupation; but it appears to me it was his duty to do more than this. It was also his duty to consider the conduct of the parties as well as their intention, particularly when such intention is ascertainable from the document or agreement as a whole.

– Ademola, CJF. Mobil v. Johnson (1961)

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interpretation

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 exercise is permissible under the relevant customary law.

– Bello CJN. Idehen v. Idehen (1991) – SC. 271/1989

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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 rules of interpretation of statutes should be avoided, so as not to defeat the principles of government enshrined therein. Hence a broader interpretation should be preferred, unless there is something in the text or in the rest of the Constitution to indicate that a narrower interpretation will best carry out the objects and purpose of the Constitution. (b) All Sections of the Constitution are to be construed together and not in isolation. (c) Where the words are clear and unambiguous, a literal interpretation will be applied, thus according the words their plain and grammatical meaning. (d) Where there is ambiguity in any Section, a holistic interpretation would be resorted to in order to arrive at the intention of its framers. (e) Since the draftsperson is not known to be extravagant with words or provisions, every section should be construed in such a manner as not to render other sections redundant or superfluous. (f) If the words are ambiguous, the law maker’s intention must be sought, first, in the Constitution itself, then in other legislation and contemporary circumstances and by resort to the mischief rule. ) The proper approach to the construction of the Constitution should be one of liberalism and it is improper to construe any of the provisions of the Constitution as to defeat the obvious ends which the Constitution was designed to achieve. See also on this: NAFIU RABIU v STATE (1980) 8 11 S.C. 130 at 148; A.G. BENDEL STATE v A.G. FEDERATION & ORS (1981) N.S.C.C. 314 at 372 – 373; BUHARI v OBASANJO (2005) 13 NWLR (Pt. 941) 1 at 281; SAVANNAH BANK LTD v AJILO (1989) 1 NWLR (Pt. 97) 305 at 326; and A.G., ABIA STATE v A.G. FEDERATION (2005) All FWLR (Pt. 275) 414 at 450, which were also referred to by the Apex.

— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023

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IF A STATUTE IS PLAIN, THE DUTY OF INTERPRETATION DOES NOT ARISE

In CAMINETTI V. UNITED STATES, 242 U.S. 470 (1917), the Court while applying the Literal rule of interpretation in its reasoning held thus: “It is elementary that the meaning of a statute must, in the first instance, be sought in the language in which the act is framed, and if that is plain… the sole function of the courts is to enforce it according to its terms.” And if a statute’s language is plain and clear, the Court further warned that “the duty of interpretation does not arise, and the rules which are to aid doubtful meanings need no discussion.”

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INTERPRETATION OF SECTION 82 CFRN 1999

In my view their power under the section is further circumscribed and limited by sub-section (2) of section 82. They can only invite members of the public when they want to gather facts for the purpose of enabling them make law or amend existing laws in respect of any matter within their legislative competence or as witnesses in a properly constituted inquiry under section 82(1)(b). Their power to expose corruption, inefficiency, or waste is also limited to government departments, authorities, and functionaries.

– Oguntade, JCA. El-Rufai v. House of Representatives (2003)

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PURPOSIVE INTERPRETATION WHEN LITERAL INTERPRETATION WILL LEAD TO ABSURDITY

Office of Governor, Adamawa State PDP V. INEC (1999) 11 NWLR (Pt. 626) 200 SC, the natural words of the Constitution at the time only allowed for the assumption of office by a Deputy in the event of the Governor’s death and at page 249 in PDP V. INEC (supra), Wali, JSC, very aptly observed as follows: “Where literal interpretation of a word or words used in an enactment will result in an absurdity or injustice, it will be the duty of the Court to consider the enactment as a whole with a view to ascertain whether the language of the enactment is capable of any other fair interpretation, or whether it may not be desirable to put a secondary meaning on such language, or even to adopt a construction which is not quite strictly grammatical Alhaji Atiku Abubakar and Mr. Bonnie Haruna were simultaneously elected as Governor and Deputy Governor of Adamawa State by the electorate of that State. Each must have his own supporters that had voted for him. Each has, therefore, acquired a right by being elected. If the narrow and literal interpretation applied to Section 37(1) of the Decree by the Court of Appeal is adopted, the end result will be that Mr. Bonnie Haruna, through no process of a successful election petition lodged against his election, is being deprived of the mandate given to him by the people of Adamawa State. It is manifest from the fact in this case that principles of justice require that where something is not expressly provided for in an enactment, the Court, in interpreting such enactment, will take into consideration the spirit and meaning of the enactment as a whole and construe it accordingly. To arrive at a just and fair decision, we must bear in mind the provision of Section 45(1) of the Decree, which though not in force at the time this action was instituted, but has adequately provided for a situation as the one at hand, such as resignation, permanent incapacity or removal for any other reason. The act of Alhaji Atiku Abubakar can be likened to permanent incapacity or even death in the given situation. The word “dies” in Section 37(1) of the Decree, in my view, expresses only a more permanent form of incapacity. If comparison of one clause with the rest of the enactment makes certain preposition clear and undoubted, it must be construed accordingly so as to make it a constant and harmonious whole. To adhere to the literal construction put on Section 37(1) of the Decree as done by the Court of Appeal, will lead to manifest injustice being visited on the 2nd Appellant. The word “dies” used in that Section, and having regard to Section 45(1) of the said Decree, needs to be modified to include and cover the situation created by the departure of Alhaji Atiku Abubakar, in order to avoid any inconvenience and manifest injustice to the 2nd Appellant. Courts may resort to purposive interpretation if they can find in the Statute read as a whole, or in material to which they are permitted by law to refer as aids to interpretation, an expression of legislature’s purpose and policy.”

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CONSTRUCTION OF STATUTE SHOULD NOT DEFEAT ITS’ INTENT

Generally, where the words of a statute are plain, clear and unambiguous, the Court should give them their literal meaning. So the golden or literal rule of interpretation of statutes or even a Constitution, is to give the words used therein, their ordinary and plain meaning without importation. The Court should construe the words of a statute, to save it and so avoid making a mockery of the statute, to defeat its manifest intent.

– Yahaya, JCA. Petroleum Resources v. SPDC (2021)

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