LEGAL PRINCIPLE: STATUTORY INTERPRETATION – Retrospective Legislation – Clear Words Required to Defeat Vested Rights
PRINCIPLE STATEMENT
In my view the law has always been that unless a contrary intention is expressed there is a presumption that an enactment has no retrospective operation. The principle is 'lex prospicit non respicit' that is the law looks forward and not back. Retrospective legislation is contrary to the general principle that legislation by which the conduct of mankind is to be regulated ought, when introduced for the first time, to deal with future acts, and ought not to change the character of past transactions carried on upon the faith of the then existing law.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Adesanoye & Ors v. Adewole & Anor (2000) NLC-361998(SC) at p. 12; Paras B–E.
"In my view the law has always been that unless a contrary intention is expressed there is a presumption that an enactment has no retrospective operation. The principle is 'lex prospicit non respicit' that is the law looks forward and not back. Retrospective legislation is contrary to the general principle that legislation by which the conduct of mankind is to be regulated ought, when introduced for the first time, to deal with future acts, and ought not to change the character of past transactions carried on upon the faith of the then existing law."
EXPLANATION / SCOPE
The presumption against retrospectivity protects the stability of transactions and the settled expectations of individuals. People conduct their affairs based on existing law; retrospective legislation disrupts that reliance. Consequently, statutes are presumed to operate prospectively only. To overcome this presumption, the legislature must express a contrary intention in clear and unambiguous terms. Even where such intent exists, courts limit retrospective effect to the minimum required. This principle, expressed in the maxim lex prospicit non respicit, ensures fairness and legal certainty by preventing the law from being applied to disturb completed transactions.