CONSTITUTIONAL LAW — Constitutional Interpretation — Retrospective Operation of Statutes and Constitution Not Presumed Absent Clear Provision
Principle Statement
A Constitution like other statutes operates prospectively and not retrospectively unless it is expressly provided to be otherwise. Such legislation affects only rights which came into existence after it has been passed.
Ratio Decidendi (Source)
Per Edozie, JSC, in Ojukwu v. Obasanjo & Ors (2004) NLC-1992003(SC) at p. 48; Paras E–A.
"A Constitution like other statutes operates prospectively and not retrospectively unless it is expressly provided to be otherwise. Such legislation affects only rights which came into existence after it has been passed."
Explanation / Scope
The Constitution operates prospectively unless expressly stated otherwise. The principle applies to constitutional interpretation. The rule protects vested rights. The court will not give retrospective effect without clear words. The principle is well-established.
