LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Interpretation of Statutes – Scope of Protection Under Public Officers (Protection) Law
PRINCIPLE STATEMENT
The words "any person" in section 2 of the Public Officers (Protection) Law are clear and unambiguous. They include both natural persons and artificial persons, such as statutory bodies, provided the act complained of was done in execution of a law or public duty.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ibrahim v. Judicial Service Committee, Kaduna State & Anor (1998) NLC-1301990(SC) at pp. 18-19, 21-22; Paras A–C.Per Iguh, JSC, in Ibrahim v. Judicial Service Committee, Kaduna State & Anor (1998) NLC-1301990(SC) at pp. 18-19, 21-22; Paras A–C.
"The words 'any person' in section 2 of the Public Officers (Protection) Law, Cap. 111, Laws of Northern Nigeria, 1963, are clear and unambiguous. They are to be given their plain, ordinary meaning, which includes both natural persons (human beings) and artificial persons (bodies corporate or unincorporate), such as statutory bodies and persons sued by their official titles, provided the act complained of was done in pursuance or execution of a law or public duty."
EXPLANATION / SCOPE
The plain meaning rule applies to the interpretation of “any person.” The term includes corporate bodies and statutory entities. The protection extends to acts done in execution of public duty. The principle ensures that the provision is given its full effect. The court will not read down the clear language. The rule applies to all public officers and bodies. The party seeking protection must show that the act was within the scope of public duty. The principle promotes certainty in statutory interpretation.
