LEGAL PRINCIPLE: STATUTORY INTERPRETATION — Expression “Subject to” — Meaning and Effect
PRINCIPLE STATEMENT
"Subject to" assigns subordinate position or provides qualification, conferring priority to the legislation to which the other is subject. When used at the commencement of a statute, it is an expression of limitation, implying that what follows is governed, controlled, and prevailed over by the provision to which it is subject.
RATIO DECIDENDI (SOURCE)
Per Nwokedi, JSC, in Idehen & Ors v. Idehenn & Ors (1991) NLC-2711989(SC) at pp. 63–64; Paras D–A.
"The expression 'subject to' in a document or enactment is used to assign a subordinate position to a clause or section of an enactment or provide qualification. It confers a right of priority in favour of the legislation to which the other is subject. Whenever the expression is used at the commencement of a statute, it is an expression of limitation. It implies that what the section or sub-section is 'subject to' shall govern, control and prevail over what follows in that section or sub-section of the enactment."
EXPLANATION / SCOPE
“Subject to” gives priority and controlling effect to the provision it references. It subordinates what follows to the referenced provision. The principle applies to statutory interpretation. The rule establishes hierarchy between provisions. The referenced provision governs, controls, and prevails. “Subject to” limits or qualifies the provision it modifies.
