LEGAL PRINCIPLE: ELECTION LAW — Statutory Interpretation — Ejusdem Generis Rule — Whether Applicable to Section 133(2) of the Electoral Act, 2002
PRINCIPLE STATEMENT
The ejusdem generis rule does not restrict "any other person who took part in the conduct of an election" to INEC officials only. It may include, for example, a police officer who assisted in stuffing ballot boxes.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Buhari v. Yusuf (2003) NLC-1162003(SC) at p. 9; Paras A–E.
"I am unable to accept the argument that the ejusdem generis rule will be of help in the interpretation and proper understanding of section 133(2) of Act... It seems to me that if the ejusdem generis rule were to be applicable, then the expression 'any other person who took part in the conduct of an election' would have to be restricted to the INEC officials who took part in the conduct of an election. In my view, such restriction could not be justified in the case, for example, of a police officer who was assigned the duty to ensure orderly, peaceful and free conduct of an election in a constituency but assisted instead to stuff ballot boxes with unlawful ballot papers."
EXPLANATION / SCOPE
The ejusdem generis rule does not limit “any other person” to INEC officials. The principle applies to statutory interpretation. The phrase includes anyone involved in election conduct. The rule ensures that all election malpractices can be addressed. The court will give the phrase broad meaning. The principle is well-established.
