LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Interpretation of Constitution — Effect of “Notwithstanding” and “Subject to” in Constitutional Provisions
PRINCIPLE STATEMENT
"Notwithstanding" excludes the impinging effect of other provisions so that the section may fulfill itself. "Subject to" means liable, subordinate, governed by, or answerable for another provision.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Nigeria Deposit Insurance Corporation v. Okem Enterprises Limited (2004) NLC-922003(SC) at pp. 34–35; Paras E–C.
"When the term 'notwithstanding' is used in a section of a statute, it is meant to exclude an impinging or impeding effect of any other provision of the statute or other subordinate legislation so that the said section may fulfill itself. It follows that, as used in section 251(1) of the 1999 Constitution, no provision of that Constitution shall be capable of undermining the said section. In regard to section 272 of the Constitution, section 251 is directly relevant in that the former is made subject to it. The expression 'subject to' means liable, subordinate, subservient, or inferior to; governed or affected by; provided that or provided; answerable for."
EXPLANATION / SCOPE
“Notwithstanding” overrides conflicting provisions; “subject to” subordinates to another provision. The principle applies to constitutional interpretation. The court will give effect to these terms. The rule ensures clarity in legislative hierarchy. The principle is well-established.