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MARGINAL NOTES IN STATUTES

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Dictum

Marginal notes, otherwise known as side notes or section heads are short notations appearing above or beside each section of a statute or regulation. While marginal notes are not part of a statute, they provide an interpretative aid to Courts and are useful in considering the purpose of a section and the mischief at which it is aimed. See per Eso, JSC in OLOYO V. ALEGBE (1983) 2 S.C.N.L.R. 35 AT 57; Per Idigbe, JSC in UWAIFO V. AG BENDEL STATE (1982) 7 SC 124 AT 187 188, OSIEC & ANOR V. AC & ORS (2010) LPELR-2818 (SC), INAKOJU & ORS V. ADELEKE & ORS (2007) LPELR 1510 (SC), YABUGBE V. C.O.P (1992) LPELR 3505 (SC).

— A. JAURO, JSC. UBA v Triedent Consulting Ltd. (SC.CV/405/2013, July 07, 2023)

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IMMUNITY – CONSTITUTION MUST BE INTERPRETED ACCORDING TO ITS SPIRIT AND INTENTION OF THE FRAMERS

To hold that the governor is immune in such proceedings is to go counter to the spirit and intent of our Constitution. This standpoint is better appreciated when one envisages a situation where a person is sworn in as a governor, but is later discovered to be a person of questionable character who won the election with doubtful papers, if he is immune, it would mean that an election tribunal provided for under the Constitution, will not be able to question his election and do something about it through the judicial process. In other words, the Constitution would have acted in vain in setting up election Tribunals. That cannot be so. The Constitution is the highest law of the land, and its interpretation must accord with the letter and spirit of the Constitution to reflect the intention of the framers, particularly in a democracy such as ours where election matters have taken on the hue of a do or die affair. It is in the light of this that I uphold the submissions of the appellant that election petitions being a special proceedings, a governor or any occupant of that office mentioned in section 308 of the 1999 Constitution does not enjoy immunity when it comes to an election petition, which seeks for the determination of his election.

— A. Augie, JCA. AD v. Fayose (2004) – CA/IL/EP/GOV/1/2004

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WHERE WORDS ARE CLEAR NO INTERPRETATION IS NEEDED

It is settled law that where the words of a statute or Constitution are clear and unambiguous, they call for no interpretation, the duty of the court in such a circumstance being to apply the words as used by the legislature.

– WS Onnoghen, JSC. Calabar CC v. Ekpo (2008)

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WE SHOULD AVOID INTERPRETATION WHICH WOULD REDUCE THE LEGISLATIVE TO FUTILITY

Nokes v. Doncaster Amalgamated Collieries, Limited (1940) A,C, 1014, Viscount Simon, L.C, staled at page 1022: “If the choice is between two interpretations, the narrower of which will fail to achieve the manifest purpose of the legislation, we should avoid a construction which would reduce the legislation to futility and should rather accept the bolder construction based on the view that Parliament would legislate only for the purpose of bringing about an effective result.”

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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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INTERPRETATION OF THE WORD “MAY”

In ADESOLA V. ABIDOYE (1999) 14 NWLR (Pt. 637) 28 @ p. 56, where the Supreme Court per Karibi-Whyte J.S.C., “The construction of the word “may” in provisions of statutes has always raised difficulties. This is not because of the impression of the word … because the word “may” assumes a technical meaning depending upon the intendment of the statutory provision in which it is used. Although the etymological meaning of “may” is permissive and facultative and seldom can mean “must” and imperative it assumes this last-mentioned character; when there is anything in the provision that makes it the duty on the person on whom the power is conferred to exercise that power. When the exercise of the power is coupled with a duty on the person to whom it is given to exercise it, then it is imperative. In the instant case, there is a duty on the aggrieved who desires to set aside the decision of the prescribed authority to make his representation to the Commissioner for Chieftaincy Affairs within twenty-one days of the decision. The use of the expression ‘may’ in this situation is not merely facultative, but mandatory. There is no alternative.The aggrieved has no choice of action in the remedy provided for him….Accordingly, the word ‘may’ in Section 22(5) of the Chiefs Law of Oyo State, 1978 should be construed as imperative; the exercise of the right not being optional.”

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