STATUTORY INTERPRETATION — Interpretation of Decrees — Literal Rule and Intention of the Lawmaker in State Creation Laws
Principle Statement
In order to discover the true intent of the Government by the promulgation of Decree No. 41, the court is entitled to read the Decree in its entirety. After such a perusal, it is manifest that section 7(1) of the Decree, whose provisions are in pari materia with earlier legislation for the creation of States, had been considered by this court in earlier cases.
Ratio Decidendi (Source)
Per Ejiwunmi, JSC, in A.G., Abia State v. A.G., Federation & Ors (2005) NLC-123-245-2003(SC) at p. 33; Paras A–B.
"It is settled law that in order to discover the true intent of the Government by the promulgation of Decree No. 41, the court is entitled to read the Decree in its entirety. After such a perusal, it is quite manifest that section 7(1) of the said Decree, whose provisions are in pari materia with earlier legislation for the creation of States, had been considered by this court in earlier cases."
Explanation / Scope
Decrees must be read as a whole to ascertain legislative intent. The literal rule applies to interpretation. The principle applies to statutory interpretation. Provisions in pari materia with earlier laws are interpreted consistently.
