| dc.description.abstract | This dissertation examined the rising prominence of the purposive approach to interpretation, which considers the underlying legislative purpose to inform the interpretation and application of statutes. The objectives of this research were to assess: the extent to which the adoption of a purposive approach to statutory interpretation could improve the clarity and effectiveness of Nigerian legislation through enhanced legislative drafting practices and judicial application; how effective current Nigerian legislative drafting practices articulate the underlying purpose of statutes; analyze how Nigerian courts understood and applied the purposive approach to statutory interpretation; and the experiences of other jurisdictions in order to obtain best practices for adopting and implementing this approach in the Nigerian context. The main justification of this research concerned addressing the challenges of the literal rule of interpretation, and exploring the potential benefits of the purposive approach.
The first objective was achieved by adopting the doctrinal research methodology. Existing works of literature relating to the purposive rule of statutory interpretation in Nigeria were analysed to assess the extent to which the adoption of a purposive approach to statutory interpretation could improve the clarity and effectiveness of Nigeria. The second objective was also achieved through utilising the doctrinal research methodology. Articles, books, and legislation were used to assess the effectiveness and adaptability of Nigerian legislation. The third objective was achieved by utilising primary materials, particularly, Nigerian court cases to understand how effectively the Nigerian courts utilized the purposive rule in statutory interpretation. Finally, the fourth objective also utilised articles, seminar papers, and books in analysing the experiences of other jurisdictions, particularly jurisdictions applying the purposive rule of statutory interpretation.
The finding of the first objective showed that a purposive approach to statutory interpretation enables its user to easily ascertain the purpose of the legislation, and improves clarity, and efficiency. The second objective found that the current Nigerian legislative drafting practices in articulating the underlying purpose of statutes are average at best. The third objective found that in Nigeria, the use of a purposive approach to the interpretation of statutes has been on the increase as Nigerian courts try to adopt the statutory approach that will best suit the case at hand so as to achieve fairness in the case. The fourth objective found that most jurisdictions in the world adopt the purposive approach to statutory interpretation as it enables the courts to interpret legislation in a wider context.
The first recommendation was that Nigerian courts should continue to utilise the purposive approach to interpretation of statutes as it aids the court in being flexible and moving along with the ever-changing society. Secondly, it recommends that legislative drafters in Nigeria should incorporate mechanisms that will promote the use of the purposive approach by judges when interpreting statutes. Thirdly, it recommends that there should be continuous training and seminars for legislative drafters and legislators. Finally, it recommended that the Nigerian Interpretation Act should be amended by the National Assembly to include a provision which would provide that the interpretation which will promote the purpose of an Act must be adopted by the courts. | en_US |
