MARGINAL NOTES IN STATUTES

THE WORDS OF THE STATUTES BEST DECLARES THE INTENTION OF THE LEGISLATORS

It is a cardinal rule of the construction of statutes that statutes should be construed according to the intention expressed in the statutes themselves. If the words of the statutes are themselves precise and unambiguous, then, no more is necessary than to expound the words in their natural and ordinary sense. The words of the statutes do alone, in such a case, best declare the intention of the lawmaker – See Ahmad v. Kassim (1958) SCNLR 58; (1958) 1 NSCC II; Capper v. Baldwin (1965) 2Q.B. 53 at p. 61; Cargo ex Argos, (1873) L.R. 5 P.C.134 at p. 153. In the case of Barnes v. Jarvis. (1953) 1 W.L.R. 649.

— Uwais, CJN. Ibrahim v Barde (1996) – SC.74/1995

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

COURT SHOULD AVOID INTERPRETATION THAT WOULD REDUCE THE LEGISLATURE TO FUTILITY

Where there are two choices of interpretation. The court should always avoid the interpretation that would reduce the legislation to futility and adopt the one that would bring about the effective result.

– Nnaemeka-agu, JSC. Ude v. Nwara (1993)

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 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 is blind, it is nevertheless rooted in the nature of society and therefore the court should avoid constructions that could cause chaos and disenchantment. Justice must be applied in a way that it embraces and optimizes social engineering that is for the welfare of society. Enlightened society should expect a highly refined and civilized justice that reflects the tune of the time.’