As regards to whether paragraph (e) of Section 137(1) should be read together with paragraph (d) of that subsection, the settled rule of interpretation of the Constitution or statute is that where the court is faced with two or more differing provisions over the same subject matter, the judicial attitude is to treat the special provision as overriding the general provision, on the principle that by enacting a separate provision for a part of the general class intends that the said part shall not be treated the same with the general class. See: IWUCHUKWU & ANOR v A.G. ANAMBRA STATE & ANOR (2015) LPELR-24487(CA) at pages 62 64, paras. E – A, perAgim, JCA; MARTIN SCHROEDER & CO. v MAJOR & CO. NIG. LTD (1989) LPELR-1843(SC) at page 13, paras. E – A, per Wali, JSC; and F.M.B.N. v OLLOH (2002) 4 S.C. (Pt. 11) 177. Since in both paragraphs (d) and (e) of Section 137(1) “a sentence for the offence involving dishonesty” is mentioned but in paragraph (e) a limitation of ten years has been introduced, then it means in respect of sentence for offence of dishonesty, the two paragraphs must be read together, such that for conviction and sentence for an offence involving dishonesty, it must be within a period of less than ten years before the date of the election in order for such a conviction and sentence to be used for disqualifying a Presidential candidate from contesting the election. It is also a cardinal principle of interpretation of the Constitution that relevant provisions must be read together and not disjointly. See STATE HOUSE OF ASSEMBLY & ORS (2015) ABEGUNDE v THE ONDO LPELR-24588(SC) at pages 28 – 29, paras. D – B, per Muhammad, JSC.
— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023