Ratio Decidendi

Per Adekeye, JSC, in Nwankwo & Ors v. Yar'Adua & Ors (2010) NLC-2792007(SC) at p. 51; Paras B–C:

"The word shall when used in a statutory provision imports that a thing must be done. It is a form of command or mandate. It is not permissive, it is mandatory. The word shall in its ordinary meaning is a word of command which is normally given a compulsory meaning as it is intended to denote obligation."
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Explanation / Scope

This principle establishes that the word “shall” in a statutory provision is mandatory, importing a command or obligation. It is not permissive. The principle applies where “shall” is used. It ensures that the provision is complied with. The principle reflects the ordinary meaning of the word. It prevents parties from treating mandatory provisions as optional. The court must enforce compliance. The principle provides guidance on the interpretation of “shall”.

Cases Applying This Principle

Dr. Arthur Agwuncha Nwankwo & Ors v. Alhaji Umaru Yar'Adua & Ors