CONSTITUTIONAL LAW — Interpretation of Constitution — Clear and Unambiguous Provisions — Literal Interpretation Required
Principle Statement
In the interpretation of the Constitution, the court is bound by the provisions of the Constitution. Where the provisions of the Constitution are clear and unambiguous, the court must give a literal interpretation to them without fishing for a likely or possible meaning. This is because by the clear and unambiguous provisions, the makers of the Constitution do not intend any other likely or possible meaning.
Ratio Decidendi (Source)
Per Tobi, JSC, in Global Excellence Communication Limited & Ors v. Duke (2007) NLC-123-313-2006(SC) at pp. 16–17; Paras B–C.
"In the interpretation of the Constitution, the court is bound by the provisions of the Constitution. Where the provisions of the Constitution are clear and unambiguous, the court must give a literal interpretation to them without fishing for a likely or possible meaning. This is because by the clear and unambiguous provisions, the makers of the Constitution do not intend any other likely or possible meaning."
Explanation / Scope
Where constitutional provisions are clear and unambiguous, they must be given their literal and ordinary meaning. Courts should not search for alternative meanings or speculate on the intention of the framers. The literal interpretation gives effect to the clear words used. This ensures certainty and predictability in constitutional interpretation.
