LEGAL PRINCIPLE: STATUTORY INTERPRETATION — Expropriatory Statutes — Construction Fortissime Contra Preferentes
PRINCIPLE STATEMENT
Expropriatory statutes encroaching on proprietary rights must be construed fortissime contra preferentes — strictly against the acquiring authority but sympathetically in favour of the citizen. There must be strict adherence to prescribed formalities against the acquiring authority.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Provost Lagos State College of Education & Ors v. Edun & Ors (2004) NLC-481999(SC) at p. 23; Paras A–B.
"It is settled law that expropriatory statutes which encroach on a person's proprietary rights must be construed fortissime contra preferentes that is strictly against the acquiring authority but sympathetically in favour of the citizen whose property rights are being deprived. Consequently, as against the acquiring authority, there must be a strict adherence to the formalities prescribed for the acquisition."
EXPLANATION / SCOPE
Expropriatory statutes are construed strictly against the acquiring authority and sympathetically for the citizen. Strict adherence to prescribed formalities is required against the acquiring authority. The principle applies to statutory interpretation of acquisition laws. The rule protects private property rights from government overreach. Any ambiguity is resolved in favour of the citizen. The acquiring authority cannot benefit from non-compliance.
