CRIMINAL LAW — Penal Statutes — Interpretation — Strict Construction in Favour of Accused
Principle Statement
It is settled law that penal statutes are to be construed strictly to the benefit of the accused person. Where there is a reasonable construction that avoids the penalty in any particular case, the court must adopt that construction. If there are two possible constructions, the court must adopt the more lenient one.
Ratio Decidendi (Source)
Per Tabai, JSC, in Nigeria Navy & Anor v. Ibe-Lambert (2007) NLC-123-139-2006(SC) at p. 13; Paras B–C.
"It is settled law that Penal Statutes are to be construed strictly to the benefit of the accused person and that where there is a reasonable construction that avoids the penalty in any particular case, the Court must adopt that construction. And if there are two possible constructions the court must adopt the more lenient one."
Explanation / Scope
The rule of strict construction of penal statutes is a fundamental principle of criminal justice. It ensures that citizens are not subjected to criminal liability unless the law clearly and unambiguously proscribes their conduct. Where the language of a penal provision is ambiguous or reasonably susceptible to more than one interpretation, the court must favour the interpretation that does not impose criminal liability. This principle respects the rule of law and protects individual liberty against overreach by the state.
Cases Applying This Principle
None recorded.
