STATUTE — Interpretation of Statutes — Retrospective Effect of Legislation
Principle Statement
Retrospectivity means the statute's commencement date is earlier than its enactment date. Courts frown upon retrospective legislation, but they are not unconstitutional and are part of our jurisprudence.
Ratio Decidendi (Source)
Per Tobi, JSC, in Adesanoye & Ors v. Adewole (2006) NLC-123-171-2004(SC) at p. 15; Paras D–E.
"Retrospectivity, the synonym of retroactivity, as it relates to statute, means when the date of commencement of the statute is earlier in point of time than the date of enactment… While Courts of law frown upon retrospective legislation as they are not the best in the development of the rule of law and more particularly the concept of fair hearing, they are not unconstitutional and therefore part of our jurisprudence."
Explanation / Scope
Retrospective legislation is permissible but disfavoured. The principle applies to statutory interpretation.
