Saturday, November 7, 2009

Principles governing the interpretation of statutes

The rules or principles governing the interpretation of statutory provisions are as follows:

(a) It is the intention of the legislature that should be sougth and the same is to be ascertained fom the words of the statute alone and not from other sources.

(b) Where the words used in the provisions of a statute are clear,simple and unambiguous they should be given their simple,natural and ordinary meanings.

(c) The court is not concerned with the result of its interpretation of statutory provision that is it is not the court's province to pronounce on the wisdom or otherwise of the of the statute but to determine its meaning.

(d) The court must not import into a legislation ,words that were not used by the legislature and which will give a different meaning to the text of the statutes as enacted by the legislature.

(e) The court must not bring to bear on the provisions of a statute its prejudices as to what the law should be, but rather should interprete the law from the clear words used by the legislature.

(f) The court must not amend the statute to achieve a particular object or result

Comment: i wiil call the last line (f) ''window dressing'' or ''enlongated forum shopping'' if u like in some cases
See: Awolowo v.Shagari (1979)6-9 SC 51; Fawehinmi v. I.G.P (2002)7NWLR (Pt.665)485; Adeleke v.O.S.H.A (2006) 16 NWLR (Pt.1006)603; C.C.C.T&C.S v. Ekpo (2008) 6NWLR (Pt.1083)362; Aqua ltd. v. O.S.S.C (1988)4NWLR (Pt.91)622; Ojokolobo v. Alamu (1987)3NWLR (Pt.61)377; Ogbonna v. A.-G; Imo State (1992)1NWLR (Pt.220)647

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