MIKE OMHENKE OBOMHENSE VS RICHARD ERHAHON
July 9, 2025ALEX OLADELE ELUFIOYE & ORS VS IBRAHIM HALILU & ORS
July 9, 2025Legalpedia Citation: (1993) Legalpedia (SC) 79184
In the Supreme Court of Nigeria
Fri Jul 23, 1993
Suit Number: SC.289/1990
CORAM
CHUKWUWEIKE IDIGBE
SAIDU KAWU, JUSTICE, SUPREME COURT
ADOLPHUS GODWIN KARIBI-WHYTE, JUSTICE, SUPREME COURT (Presided and Read the Leading Judgement)
PARTIES
F.C. UDOH & ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The trial court dismissed in its entirety the action brought by the applicants as plaintiffs seeking various declarations and injunctions restraining the defendants from unlawfully interfering with the exercise of the rights and privileges of membership mutually subsisting in the various unions of the defendant. While the counter-claim was granted.?
HELD
Application dismissed?
ISSUES
Whether by virtue of section 1A of the Trade Disputes Act Cap. 432 as amended by the Trade Disputes (Amendment) Decree No.47 of 1992, the appeal before us has abated.
RATIONES DECIDENDI
EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS
It is a well settled principle of construction of statutes that where a section names specific things among many other possible alternatives, the intention is that those not named are not intended to be included. Expressio unius est exclusio alterius. PER KARIBI-WHYTE, JSC
RULES OF INTERPRETATION OF STATUTES
It is both elementary and also a fundamental principle for the interpretation of statutes that where the words of a statute are clear and not ambiguous, effect should be given to them. PER KARIBI-WHYTE, JSC
WHETHER A FINAL JUDGMENT CAN BE ANNULED RETROSPECTIVELY
A final judgment confers rights on the person in whose favour the judgment has been awarded. It will no doubt be an unjustified interference with such vested rights to annul them retrospectively and render them void. PER KARIBI-WHYTE, JSC
HOW STATUTES ARE CONSTRUED
A statute is not to be so construed as to impair an existing right or obligation, unless such construction is clear from the words of the section and such effect cannot be avoided without doing violence to the language of the enactment. Hence a statute should be construed to as not to have a greater retrospective operation than its language renders necessary. PER KARIBI-WHYTE, JSC
CASES CITED
African Newspapers v. Federal Republic of Nigeria (1985) 2 NWLR (Pt.6) 137.A-G. of Bendel State v. Aideyan (1989) 4 NWLR. (Pt. 118) 646In re Ahlumney (1998) AC. 475
STATUTES REFERRED TO
None
