PRINCIPLE STATEMENT

A proviso has a limited operation in qualifying the ambit of the section to which it is related. Its object is to cut down, qualify, create exceptions, or relax the limitations imposed or powers conferred by the section.

RATIO DECIDENDI (SOURCE)

Per Uwaifo, JSC, in Nigeria Deposit Insurance Corporation v. Okem Enterprises Limited (2004) NLC-922003(SC) at pp. 38–39; Paras A–C.
"As a general rule, a proviso has a limited operation in qualifying the ambit of the section to which it is related. It follows that where a section with a proviso appended to it confers powers, it would be contrary to the ordinary operation of the proviso to give that section an effect which would neutralise those powers in a way that it goes beyond what compliance with the proviso itself renders necessary. The object of a proviso is normally to cut down or qualify or create exceptions to or relax in a defined sense the limitations imposed or powers conferred by a section of an enactment or document; or to exclude some possible ground of misinterpretation of its extent, or to modify the main part of a section of a statute to which it relates or to restrain its absoluteness or generality."
View Judgment

EXPLANATION / SCOPE

A proviso qualifies, limits, or creates exceptions to the main provision. The principle applies to statutory interpretation. It does not neutralise the main provision. The rule ensures proper construction. The court will give the proviso its intended effect. The principle is well-established.

CASES APPLYING THIS PRINCIPLE