LEGAL PRINCIPLE: INTERPRETATION OF STATUTES — Expropriatory Legislation — Rule of Strict Construction
PRINCIPLE STATEMENT
Any provision of law that gives extraordinary powers of compulsory acquisition of citizens' properties must be construed strictly against the proferens (the party invoking it).
RATIO DECIDENDI (SOURCE)
Per Onu, JSC (quoting Coker, JSC in Bello v. Diocesan Synod of Lagos & Ors.), in Nangibo v. Okafor & Ors (2003) NLC-1391999(SC) at pp. 19–20; Paras D–B.
"The principle on which the courts have acted from time immemorial is to construe fortissime contra proferentes any provision of the law which gives them extraordinary powers of compulsory acquisition of the properties of citizens."
EXPLANATION / SCOPE
Expropriatory laws are construed strictly against the acquiring authority. The principle applies to statutory interpretation. The rule protects citizens’ property rights. Any ambiguity is resolved in favour of the citizen. The principle is well-established.
CASES APPLYING THIS PRINCIPLE
None recorded.