LEGAL PRINCIPLE: STATUTORY INTERPRETATION — Separation of Powers — Judicial Legislation Prohibited
PRINCIPLE STATEMENT
The moment a court rewrites a statute, the intention of the lawmaker is thrown overboard and the court changes place with the lawmaker. That is against the doctrine of separation of powers entrenched in the Constitution, and a court will not embark on such an unconstitutional act.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Araka v. Egbue (2003) NLC-1671999(SC) at p. 13; Paras A–B.
"The moment a court of law intends to rewrite a statute or really rewrites a statute, the intention of the lawmaker is thrown overboard and the court changes place with the lawmaker. In view of the fact that that will be against the doctrine of separation of powers entrenched in the Constitution, a court of law will not embark on such an unconstitutional act."
EXPLANATION / SCOPE
Judicial legislation violates the separation of powers. The principle applies to constitutional law. Courts cannot rewrite statutes. The rule preserves the legislature’s role. The court will enforce the law as written. The principle is fundamental.