LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Interpretation — Special and General Provisions — Special provision prevails over general provision
PRINCIPLE STATEMENT
Where there is a special provision in a statute, a later general provision capable of covering the same subject matter is not to be interpreted as derogating from the special provision unless an intention to do so is unambiguously declared.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in FMBN v. Olloh (2002) NLC-1181997(SC) at pp. 6–7; Paras A–E.
"The law is that where there is a special provision in a statute, a later general provision in the same statute capable of covering the same subject matter is not to be interpreted as derogating from what has been specially provided for individually unless an intention to do so is unambiguously declared. To do otherwise is to indirectly use a general provision to alter the intention to provide specially by way of an exception for a subject-matter."
EXPLANATION / SCOPE
The maxim generalia specialibus non derogant applies: special provisions prevail over general provisions. A later general provision does not override an earlier special provision unless there is unambiguous intention to do so. The principle ensures that specific legislative intent is not defeated by general language. The court will construe the statute harmoniously. The rule applies to constitutional interpretation and statutory construction. The special provision is treated as an exception to the general. The burden is on the party asserting derogation to show clear intention. The principle promotes certainty in legislative drafting. The court will not imply repeal of special provisions.
