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INTERPRETATION OF STATUTE: CONSIDER THE MISCHIEF INTENDED TO BE CURED

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In the interpretation of an Act or a Law, it is relevant to consider what was the law before the enactment of the Act or Law to be construed; what was the mischief or defect for which the old law did not provide and what remedy the Act or Law intended to cure the mischief or defect: Ifezue v. Mbadugha (Supra) at 325 and Savannah Bank v. Ajilo (Supra) at 331. A summary of the land tenure law that prevailed in the country before the Act is necessary for the determination of the question in issue.

– M. Bello, CJN. Abioye v. Yakubu (1991) – SC.169/1987

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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 which the legislation sets out to remedy or/and prevent, the remedy adopted by the legislature to cure the mischief and the true reason of the remedy. The duty of the court therefore is to adopt such interpretation that will enable the suppression of the mischief and to promote the remedy within the true intent of the legislation.

– Karibe-Whyte, JSC. Savannah v. Ajilo (1989)