ELECTION LAW — Words “Shall” — Mandatory Connotation — Excludes Discretion
Ratio Decidendi
Per Fabiyi, JSC, in Shettima & Ors v. Goni & Ors (Consolidated) (2011) NLC-123-332-2011(SC) at p. 25; Paras B—C:
"The word 'shall' connotes mandatory discharge of duty or obligation and when used or employed in a statute, that requirement must be met. The word 'shall' when used connotes mandatory sense that drafters typically intend and that which courts typically uphold."
Explanation / Scope
This principle establishes that the word “shall” connotes a mandatory discharge of duty or obligation and, when used in a statute, must be complied with. The principle applies in statutory interpretation. It ensures that mandatory provisions are enforced. The principle reflects the ordinary meaning of “shall.” It excludes discretion where “shall” is used. The court must give effect to the mandatory requirement. The principle provides guidance on the interpretation of “shall.”