PRINCIPLE STATEMENT

It is settled that the word 'shall', when used in an enactment is capable of bearing many meanings; it may be implying futurity or implying a mandate or direction or giving permission; in the present case, we are concerned with whether it has been used in a mandatory sense or directory sense; if used in a mandatory sense, then the action to be taken must obey or fulfill the mandate exactly; but if used in a directory sense then the action to be taken is to obey or fulfill the directive substantially.

RATIO DECIDENDI (SOURCE)

Per Uwais, CJN Amadi v. NNPC (2000) NLC-1141997(SC) at p. 15; Paras. B–D.
"It is settled that the word 'shall', when used in an enactment is capable of bearing many meanings. It may be implying futurity or implying a mandate or direction or giving permission. In the present case, we are concerned with whether it has been used in a mandatory sense or directory sense. If used in a mandatory sense, then the action to be taken must obey or fulfill the mandate exactly; but if used in a directory sense then the action to be taken is to obey or fulfill the directive substantially."
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EXPLANATION / SCOPE

This establishes framework for interpreting “shall” in statutes. “Shall” meanings: (1) Futurity: Indicating future tense—”will happen”; (2) Mandate/direction: Commanding action—”must do”; (3) Permission: Allowing action—”may do”. Here concerned with: mandatory versus directory senses. Mandatory “shall”: Must obey exactly—strict compliance required, no discretion, and precise fulfillment necessary. Directory “shall”: Should obey substantially—substantial compliance acceptable, purpose matters more than form, and exact fulfillment not essential. Determining which: Courts examine: statutory context, provision’s purpose, consequences of non-compliance, and legislative intent. This serves: flexible statutory interpretation, recognizing “shall” isn’t always absolute, and applying appropriate compliance standards. Effect of characterization: Mandatory: Non-compliance voids action—must comply exactly or fail. Directory: Substantial compliance suffices—assess if purpose achieved despite imperfect compliance. Why distinction matters: Some requirements are essential (mandatory—exact compliance), others are procedural (directory—substantial compliance). Courts cannot: automatically treat all “shall” as mandatory, ignore context and purpose, or apply uniform interpretation regardless of provision. Must assess: each provision’s context, intended purpose, and appropriate compliance standard. This prevents: hypertechnical enforcement of directory provisions, treating all “shall” identically, and defeating actions for immaterial non-compliance. The framework enables: contextual interpretation, appropriate compliance standards, and substance-focused application of statutory requirements.

CASES APPLYING THIS PRINCIPLE