LEGAL PRINCIPLE: STATUTORY INTERPRETATION — Retrospective Effect — Decree No. 33 of 1976 Not Retroactive
PRINCIPLE STATEMENT
Decree No. 33 of 1976 has no retroactive effect and did not affect acquisitions published before its enactment. The Decree is effective and relevant only to public acquisitions made after its enactment on 1st July 1976.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Provost Lagos State College of Education & Ors v. Edun & Ors (2004) NLC-481999(SC) at p. 9; Paras C–D.
"The said Decree No. 33 of 1976 has no retroactive effect and did not therefore affect exhibit 9 which was published on the 16th November, 1972. In my view, it is indisputable that Decree No. 33 of 1976 is effective and relevant only to public acquisitions made after its enactment on the 1st July, 1976."
EXPLANATION / SCOPE
Decree No. 33 of 1976 applies only to acquisitions after 1st July 1976, not retroactively. Previous acquisitions are governed by the law in force at their time. The principle applies to statutory interpretation and retroactivity. The rule prevents legislation from unfairly disturbing past transactions. Acquisitions completed before the Decree remain valid under prior law. Clear legislative intent is required for retrospective effect.
