CIVIL PROCEDURE — Rules of Court — Mandatory Nature — Word “Shall” Denotes Obligation and Must Be Complied With
Ratio Decidendi
Per Adekeye, JSC, in Agip (Nigeria) Ltd v. Agip Petroleum International & Ors (2010) NLC-351-2002(SC) at p. 59; Paras B–D:
"The word shall in the ordinary meaning is a word of command which is normally given a compulsory meaning because it is intended to denote obligation. When the word shall is used in a statute it is not permissive it is mandatory, it imports that a thing must be done."
Explanation / Scope
This principle establishes that the word “shall” in statutes and rules is mandatory, not permissive. It denotes an obligation that must be complied with. The principle applies where a provision uses the word “shall”. It ensures that parties comply with mandatory requirements. The principle reflects the ordinary meaning of the word. It prevents parties from treating mandatory provisions as optional. The court must enforce compliance. The principle provides guidance on interpreting statutory language. It ensures that the intent of the legislature is respected.