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
SHARE ON
In Adewunmi v. A-G., Ekiti State (2002) 2 NWLR (Pt. 751) 474, Wali, J.S.C. said at page 512: “In cases of statutory construction the court’s authority is limited. Where the statutory language and legislative intent are clear and plain, the judicial inquiry terminates there. Under our jurisprudence, the presumption is that ill-considered or unwise legislation will be corrected through democratic process. A court is not permitted to distort a statute’s meaning in order to make it conform with the Judge’s own views of sound social policy.”
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.”
The procedure of a Native Court should not be subjected to strict principles of law as done, in the regular courts of record. Greater latitude and broader interpretation should be accorded to decisions of native courts.
– Fabiyi JSC. Ogundele v. Agiri (2009)
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.”
In FEDERAL REPUBLIC OF NIGERIA v MUHAMMADU MAIGARI DINGYADI (2018) LPELR-4606 (CA), in the following way at page 33: “One main guiding post is that the principles upon which the Constitution was established rather than the direct operation or literal meaning of the words used measure the purpose and scope of its provisions: See Global Excellence Communications Ltd v. Donald Duke (2007) 6 NWLR (Pt. 1059) 22 @ 41-41 (SC); Attorney General of Bendel State v. Attorney General of the Federation (1982) 3 NCLR 1; Saraki v. F.R.N. (2016) 3 NWLR (Pt. 1500) 531; Skye Bank Plc v. Iwu (2017) 16 NWLR (Pt. 1590) 124. There is always a need for the fulfilment of the object and true intent of the Constitution. Therefore, the Constitution must always be construed in such a way that it protects what it sets out to protect and guide what it is meant to guide Adeleke v. Oyo State House of Assembly (2006) 6 NWLR (Pt. 1006) 608. In interpreting the Constitution of a nation, it is the duty of the Court to ensure the words of the Constitution preserve the intendment of the Constitution Okogie v. A.G. Lagos State (1989) 2 NCLR 337, Abaribe v. Speaker, Abia State House of Assembly (2002) 14 NWLR (Pt. 788) 466, Marwa v. Nyako (2012) LPELR-7837 (SC). Every Constitution has a life and moving spirit within it and it is this spirit that forms the raison de’ entre of the Constitution without which the Constitution will be a dead piece of document. The life and moving spirit of the Constitution of this country is captured in the Preamble. It has been held that when a Constitutional provision is interpreted, the cardinal rule is to look to the Preamble to the Constitution as guiding star, and the directive principles of State Policy as the book of interpretation’, and that while the Preamble embodies the hopes and aspirations of the people, the Directive Principles set out the proximate grounds in the governance of the country Thakur v. Union of India (2008) 6 SCC 1. In other words, in interpreting the wordings of section 212(1)(a) of the 1999 Constitution (as amended), the Court should be guided by principles upon which the Constitution was established rather than by the direct operation or literal meaning of the words used in the provision, and where the literal meaning of the words used are not in consonance with the guiding principles, literal interpretation must be jettisoned for another approach that accords with the guiding principles of the Constitution Abaribe v. Speaker, Abia State House of Assembly (supra) (2002) 14 NWLR (Pt. 788) 466; Global Excellence Communications Ltd v. Donald Duke (2007) 6 NWLR (Pt. 1059) 22. The interpretation that would serve the interest of the Constitution and best carries out its objects and purpose must always be preferred – Kalu v. State (1988) 13 NWLR 531.”
Maxwell on Interpretation of Statutes 12th Ed. page 116. The statement of the law reads: “Few principles of statutory interpretation are applied as frequently as the presumption against alterations in the common law. It is presumed that the legislature does not intend to make any change in the existing law beyond that which is expressly stated in or followed by necessary implication from the language of the statute in question. It is thought to be in
the highest degree improbable that Parliament would depart from the general system of law
without expressing its intention with irresistible clearness and to give any such effect to general words merely because this would be their widest, usual, natural or literal meaning would be to place on them a construction other than that which Parliament must be supposed to have intended. If the arguments on a question of interpretation are fairly evenly balanced, that interpretation should be chosen which involves the least alteration of the existing law.”
– Cited in Abioye v. Yakubu (1991) – SC.169/1987
Click the icons to like, follow, and join JPoetry