An Examination of the Attitude of the Nigerian Courts to the Use of Intrinsic and Extrinsic Aids in the Interpretation of Statutes
Thesis
This research themed ‘An Examination of the Attitudes of the Nigerian Courts to the Intrinsic and Extrinsic Aids to Interpretation of Statutes’ is an appraisal of the attitude of the Nigerian courts towards the application of the external and internal aids to the interpretation of statutes. The justification for this study, was to find answers to these questions- What are the intrinsic and extrinsic statutory interpretation aids? What was the attitude of the Nigerian courts to the use of intrinsic and extrinsic aid in interpretation of statutes? To what extent were the existing aids of interpretation effective? Which approaches if any, are available for improving the effectiveness of statutory interpretation in Nigeria? It is in this regard that the following objectives was raised- To understand what are intrinsic and extrinsic aids to statutory interpretation, To examine the attitude of the Nigerian courts to the use of intrinsic and extrinsic aids in interpretation of statutes, To examine the extent to which the existing aids of interpretation was effective and To highlight possible approaches if any, to improving the effectiveness of statutory interpretation in Nigeria. The researcher adopted the doctrinal method for each of the objectives, which is reliance on principles of law, statutes, case law and constitution in examining the attitude of the Nigerian courts to the use of intrinsic and extrinsic aids to interpretation of statutes. In this study it has been discovered that there exists a plethora of aids to interpretation of statutes. In line with the objectives, the researcher made some findings that Intrinsic aids of interpretation are matters within an Act itself which may help make the meaning clearer. The court may consider the long title, the short title and any preamble. Other useful internal aids may include headings before a group of sections and any schedules attached to the Act. WHILE Extrinsic aids of interpretation are matters which may help put an Act into context. Sources include previous Acts of Parliament on the same topic, earlier case law, dictionaries of the time, and the historical setting. Extrinsic aids also include international conventions, regulations or directives which have been implemented by English legislation. For the purpose of construction or interpretation, the court had to take recourse to various internal and external aids as the Supreme Court has confirmed, interpretation of statute being an exercise in the ascertainment of meaning, everything which is logically relevant should be admissible. Each of the principal rules of statutory interpretation had inherent shortcomings, which led to delay in judicial administration and caused injustice. The legal jurisprudence changed as culture and social values changed, thus, there was no need to base judgment on stereotypes based on strict common law principles of precedent that has been used in Nigeria. Judges ought to have interpreted statutes and apply judicial discretion within important social contexts that are considerate of relevant social views, values and interests (thus interweaving law and society). Furthermore, the researcher made some recommendations in response to the findings- The judiciary should be given the free hand and responsibility to use all tools available to it to interpret and make meaning to the law, too much restriction may not be good for a dynamic and organic interpretation law and adjudication. Legal drafters should ensure that Internal and external aids included in legislative drafts are focused towards ascertaining the meaning to be given or associated with a word or section of a statute; and should be an exercise aimed at ensuring that the end of justice is served. The Legislature and legislative drafters should explore the use of purpose clauses in Bills, the purposive approach as a revamped version of the other principal rules of interpretation entails the inherent attributes of the literal, golden, mischief and liberal rules of interpretation. Legislative draftsman must be in a position to know exactly when the provisions of the Act will or might apply; he must take relevant provisions of the Act fully into account and ensure that its’ requirement is precisely followed. The paper concludes that the continued classification of the various rules as separate and distinct rules was no longer tenable. The Purposive approach, a revamped / harmonized version of the principal rules of statutory interpretation, should be the key rule of statutory interpretation in Nigeria subject to human exigencies and interest of justice. Reason being that one of the attributes of an egalitarian society is its dynamism, that is, the ability to change over time. Thus, law should not be static. It must change as human nature changes from time to time.