LEGAL PRINCIPLE: STATUTORY INTERPRETATION — General and Special Provisions — Special Provision Prevails Over General Provision Absent Clear Derogation
PRINCIPLE STATEMENT
Where there is a special provision in a statute, a later general provision in the same statute capable of covering the same subject-matter is not to be interpreted as derogating from what has been specially provided for individually unless an intention to do so is unambiguously declared.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Grace Jack v. University of Agriculture Makurdi (2004) NLC-2622000(SC) at p. 11; Paras B–C.
"The law is that where there is a special provision in a statute, a later general provision in the same statute capable of covering the same subject-matter is not to be interpreted as derogating from what has been specially provided for individually unless an intention to do so is unambiguously declared."
EXPLANATION / SCOPE
A special provision prevails over a later general provision covering the same subject matter. The general provision does not derogate from the special provision unless unambiguous intent is shown. The principle applies to statutory interpretation. The court must give effect to both provisions harmoniously. The rule prevents implied repeal of special provisions. The intention to override a special provision must be clearly expressed.