LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Interpretation of Statutes — Clear and Unambiguous Language — Literal Rule
PRINCIPLE STATEMENT
If the language of a statute is clear, the court must give the words their ordinary meaning. This is the principle of literal interpretation, which must be followed unless it leads to absurdity and inconsistency with the statute as a whole.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Awuse v. Odili & Ors (2003) NLC-2052003(SC) at pp. 44–45; Paras E–A.
"The law of statutory interpretation is elementary and it is that if a language of a statute is clear, the court must give the words their ordinary meaning in its interpretation of the statute. That is the principle of literal interpretation, which must be followed, unless it will lead to absurdity and inconsistency with the provisions of the statute as a whole."
EXPLANATION / SCOPE
Clear statutory language must be given its ordinary meaning. The principle applies to statutory interpretation. The literal rule is primary. The rule prevents judicial rewriting of statutes. The court may depart only to avoid absurdity. The principle is fundamental.
