LEGAL PRINCIPLE: INTERPRETATION OF STATUTES — Commencement of Statutes — Effect of Provision Specifying Commencement by Ministerial Order
PRINCIPLE STATEMENT
Where a statute expressly provides that it shall come into operation on such a day as a designated authority may appoint by order published in the Gazette, it does not come into force until such an order is made and published. The Edict, though existing and valid, remains in abeyance.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Yare v. Nunku & Ors (1995) NLC-1861992(SC) at pp. 7–8; Paras. A–E.
"Where a statute expressly provides that it shall come into operation on such a day as a designated authority may appoint by order published in the Gazette, it does not come into force until such an order is made and published. The Edict, though existing and valid, remains in abeyance."
EXPLANATION / SCOPE
A statute may be enacted but not yet in force. Commencement may be deferred pending ministerial order. The court cannot apply a statute that is not yet in force. The principle applies to all statutes with deferred commencement. The rule protects citizens from being bound by laws not yet operational. The Attorney-General’s order is a condition precedent to operation. The statute remains in abeyance until the order is made and published.
