Judiciary-Poetry-Logo
JPoetry

WHERE PROVISION OF STATUTE ARE CLEAR AND UNAMBIGUOUS, LITERAL RULE IS APPLIED

Dictum

The primary function of the court is to search for the intention of the lawmaker in the interpretation of a statute. Where a statute is clear and unambiguous, as it is in this case, the court in the exercise of its interpretative jurisdiction, must stop where the statute stops. In other words, a court of law has no jurisdiction to rewrite a statute to suit the purpose of one of the parties or both parties. The moment a court of law intends to rewrite a statute or really rewrites a statute, the intention of the lawmaker is thrown overboard and the court changes place with the lawmaker. In view of the fact that that will be against the doctrine of separation of powers entrenched in the Constitution, a court of law will not embark on such an unconstitutional act. Courts of law follow the literal rule of interpretation where the provision of the statute is clear and no more. And that is the position in this appeal.

– Tobi JSC. Araka v. Egbue (2003) – SC.167/1999

Was this dictum helpful?

SHARE ON

WHERE INTERPRETATION IS CAPABLE OF TWO MEANINGS, ADOPT A NON-DEFEATIST APPROACH

It is settled that where in the interpretation of a word appearing in a particular piece of legislation, such word is capable of two meanings, the court has a duty to adopt an interpretation which would not defeat the intention of the law makers. See Mandara v. Attorney-General, Federation (1984) NSCC 221; Yabugbe v. C.O.P. (1992) 4 SCNJ 116; Lawal v. G. B. Ollivant (1972) 3 SC 124.

— Galadima, JSC. Wike Nyesom v. Peterside, APC, INEC, PDP (SC. 718/2015, 27 Oct 2015)

Was this dictum helpful?

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)

Was this dictum helpful?

COURT WILL GIVE PLAIN MEANING TO STATUTORY PROVISION

It is a Statutory provision which is clear and unambiguous. In such a situation, the duty of the court, is to give effect to the ordinary plain meaning of the words without resorting to any external aid. See the case of Chief Joseph A. Okotie-Eboh v. Chief James Ehiowo Manager & ors. (2004) 12 SCNJ 139. So, the question of Common Law, or Evidence Act, with respect, is therefore, of no moment.

— Ogbuagu, JSC. Grosvenor v Halaloui (2009) – SC.373/2002

Was this dictum helpful?

COMMON SENSE SHOULD BE APPLIED IN CONSTRUING STATUTES

In the case of Barnes v. Jarvis. (1953) 1 W.L.R. 649. Lord Goddard CJ. stated that a certain amount of common sense must be applied in construing statutes and the object of the statute has to be considered.

Was this dictum helpful?

COURT DEAL WITH LAW AS IT IS

The duty of the court is not to deal with the law as it ought to be but as it is. – Onnoghen, J.S.C. GEC v. DUKE (2007)

Was this dictum helpful?

SPECIAL PROVISIONS DEROGATE FROM GENERAL PROVISIONS

The law is settled that in the interpretation of statutes, special things derogate from general things (generalibus specialia derogat). Where there is a conflict between two legislations one of which is special on a subject and the other legislation is general in nature, the legislation that is special in nature shall supersede.

– H.M. Ogunwumiju, JCA. ITV v. Edo Internal Revenue (2014) – CA/B/20/2013

Was this dictum helpful?

No more related dictum to show.