METAL CONSTRUCTION (W.A.) LTD & 2 ORS V. MIGLIORE
August 1, 2025Legalpedia Citation: (1979) Legalpedia (SC) 16171
In the Supreme Court of Nigeria
Wed Sep 26, 1979
Suit Number: SC. 62/1979
CORAM
WILLIAMS, CHIEF JUSTICE OF NIGERIA
IRIKEFE, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
ESO,JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
PARTIES
CHIEF OBAFEMI AWOLOWO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
In an election petition presented to the Presidential Election Tribunal that Alhaji Shehu Shagari had been duly elected President of the Federal Republic of Nigeria, Chief Obafemi Awolowo (now appellant) contended that the said Alhaji Shehu Shagari was at the time of the election not duly elected by a majority of lawful votes at the election as he has not satisfied Section 34A subsection 1(c) (ii) of the Electoral Decree, 1977, which had been inserted by Section 7 of the Electoral (Amendment) Decree, 1978. And that the election of the said Alhaji Shehu Shagari was invalid by reason of non-compliance with the provisions of the law. The Tribunal dismissed the petition. The petitioner/appellant appealed against this decision in the Supreme Court.
HELD
The appeal failed and it was dismissed. The decision of the Tribunal was affirmed
ISSUES
That the Tribunal was in error in its interpretation of the words “not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation.”
RATIONES DECIDENDI
METHOD OF INTERPRETING STATUTES
“It is also relevant, we think, to point out that anybody called upon to interpret any kind of statute should not, for any reason, attach to its statutory provisions, a meaning which the words of the statute cannot reasonably bear.” Per FATAYI-WILLIAMS, JSC.
INTERPRETION OF STATUTES AS A WHOLE
“A statute should always be looked at as a whole; words used in a statute are to be read according to their meaning as popularly understood at the time the statute became law; a statute is presumed not to alter existing law beyond that necessarily required by the statute.” Per FATAYI-WILLIAMS, JSC.<foo< p=””></foo<>
INTERPRETATION OF LAWS BY JUDGES
“It is our view that in most countries with common law jurisdictions such as Nigeria, it is generally accepted that it is the function of the judiciary to interpret the law with the minimum of direction from the legislature as to how they should set about this task. Thus nearly all the principles, precepts and maxims of statutory interpretations are Judge-made.” Per FATAYI-WILLIAMS, JSC.
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INTERPRETATION OF LAWS BY JUDGES
“It is our view that in most countries with common law jurisdictions such as Nigeria, it is generally accepted that it is the function of the judiciary to interpret the law with the minimum of direction from the legislature as to how they should set about this task. Thus nearly all the principles, precepts and maxims of statutory interpretations are Judge-made.” Per FATAYI-WILLIAMS, JSC.
METHOD OF INTERPRETING STATUTES
“It is also relevant, we think, to point out that anybody called upon to interpret any kind of statute should not, for any reason, attach to its statutory provisions, a meaning which the words of the statute cannot reasonably bear.” Per FATAYI-WILLIAMS, JSC
METHOD OF INTERPRETING STATUTES
“It is also relevant, we think, to point out that anybody called upon to interpret any kind of statute should not, for any reason, attach to its statutory provisions, a meaning which the words of the statute cannot reasonably bear.” Per FATAYI-WILLIAMS, JSC.<foo< p=””></foo<>
INTERPRETION OF STATUTES AS A WHOLE
“A statute should always be looked at as a whole; words used in a statute are to be read according to their meaning as popularly understood at the time the statute became law; a statute is presumed not to alter existing law beyond that necessarily required by the statute.” Per FATAYI-WILLIAMS, JSC.
METHOD OF INTERPRETING STATUTES
“It is also relevant, we think, to point out that anybody called upon to interpret any kind of statute should not, for any reason, attach to its statutory provisions, a meaning which the words of the statute cannot reasonably bear.” Per FATAYI-WILLIAMS, JSC<foo< p=””></foo<>
CASES CITED
None.
STATUTES REFERRED TO
None.
