LEGAL PRINCIPLE: STATUTORY INTERPRETATION — Use of the Word “May” — Discretionary Rather Than Mandatory Construction
PRINCIPLE STATEMENT
The operative word "may" in sections 22(3), 22(1), and 22(7) of the Edict makes the provision discretionary, not mandatory.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Umoru & Anor v. Zibiri & Ors (2003) NLC-1231999(SC) at p. 14; Paras C–D.
"The operative word used in S. 22(3), 22(1) and 22(7) of the Edict is 'may' which makes it discretionary and not mandatory."
EXPLANATION / SCOPE
“May” indicates discretion, not compulsion. The principle applies to statutory interpretation. The authority is not obliged to act. The rule respects legislative choice. The court will not impose mandatory obligation where “may” is used. The principle is well-established.