LEGAL PRINCIPLE: STATUTORY INTERPRETATION – Constitutional Provisions – Liberal Construction – Ut Res Magis Valeat Quam Pereat
PRINCIPLE STATEMENT
The approach of this court to the construction of the constitution should be, and so it has been, one of liberalism, probably a variation on the theme of the general maxim ut res magis valeat quam pereat. I do not conceive it to be the duty of this court so to construe any of the provisions of the Constitution as to defeat the obvious ends the Constitution was designed to serve where another construction equally in accord and consistent with the words and sense of such provisions will serve to enforce and protect such ends.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, quoting Sir Udo Udoma, JSC in Nafiu Rabiu v. State, in A.G., Ondo State v. A.G., Ekiti State (2001) NLC-1362000(SC) at p. 52; Paras D–F.
"The approach of this court to the construction of the constitution should be, and so it has been, one of liberalism, probably a variation on the theme of the general maxim ut res magis valeat quam pereat. I do not conceive it to be the duty of this court so to construe any of the provisions of the Constitution as to defeat the obvious ends the Constitution was designed to serve where another construction equally in accord and consistent with the words and sense of such provisions will serve to enforce and protect such ends."
EXPLANATION / SCOPE
Constitutional provisions should be construed liberally to give effect to their purpose, applying the maxim ut res magis valeat quam pereat (that the thing may rather have effect than be destroyed). Courts should not adopt a construction that defeats the obvious ends the Constitution was designed to serve if another consistent construction enforces those ends. The interpretation must remain faithful to the words and sense of the provisions. Liberal construction does not mean ignoring clear language—it means preferring interpretations that advance constitutional objectives. The principle ensures the Constitution remains a living instrument capable of achieving its purposes. Technical or overly restrictive constructions are disfavoured.