LEGAL PRINCIPLE: STATUTORY INTERPRETATION – Exercise of Statutory Power – Limitation Not to Be Imposed Where Statute Does Not So Provide
PRINCIPLE STATEMENT
Where an enactment empowers a person to exercise certain powers when he is satisfied that such exercise of power is necessary, it is not right to impose limitations on the exercise of the power where such was not provided for in the empowering enactment.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Akuneziri v. Okenwa & Ors (2000) NLC-1261997(SC) at p. 22; Paras C-D.
"Where an enactment empowers a person to exercise certain powers when he is satisfied that such exercise of power is necessary, it is not right to impose limitations on the exercise of the power where such was not provided for in the empowering enactment."
EXPLANATION / SCOPE
Where a statute grants a power conditioned only upon the decision-maker’s satisfaction, courts should not read in additional procedural or substantive limitations. The legislature deliberately chose the operative condition; imposing extra requirements would amount to judicial legislation. Provided the decision-maker acts in good faith and within the scope of the power, the exercise of discretion cannot be fettered by extraneous constraints. This principle respects the separation of powers and acknowledges that policy choices—including the extent of procedural safeguards—lie with the legislature. Courts must give effect to the statutory language as written, not as they might prefer it.