NOT THE DUTY OF A COURT TO FILL GAPS IN STATUTES

READ A STATUTE AS A WHOLE

To ascertain the correct interpretation of the provision of section 34(2) vis that of section 22 of the Act, the Land Use Act is to be read as a whole. Every clause of a statute is to be construed with reference to the context of other clauses of the Act so as far as possible to make a consistent enactment of the whole statute.

– Obaseki, JSC. Savannah v. Ajilo (1989)

MARGINAL NOTES IN STATUTES

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)

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.”

COURT IS TO INTERPRETE STATUTE AS DICTATED BY THE STATUTE

The duty of the court is to interpret the words contained in the statute and not go outside the words in search of an interpretation which is convenient to the court or to the parties or one of the parties. Even where the provisions of a statute are hard in the sense that they will do some inconvenience to the parties, the court is bound to interpret the provisions once they are clear and unambiguous. It is not the duty of the court to remove the chaff from the grain in the process of interpretation of a statute to arrive at favourable terms for the parties outside the contemplation of the lawmaker. That will be tantamount to traveling outside the statute on a voyage of discovery. This court cannot embark upon such a journey. – Tobi JSC. Araka v. Egbue (2003) – SC.167/1999

PERSON WHO INTERPRETED A STATEMENT MUST TENDER IT IN COURT

It is settled that the person or officer who interpreted a statement must tender it in Court so that if necessary, the interpreter can be cross examined on whether the interpreted statement is the correct interpretation of the original words as spoken by the Defendant.

– H.M. Ogunwumiju, JSC. State v. Ibrahim (2021) – SC.200/2016