COURTS - DUTY ON COURTS NOT TO READ INTO AN ENACTMENT WORDS THAT ARE NOT FOUND THERE  

 

Gbenga Babawibe
Joined: 12 months ago
Posts: 156
09/09/2019 10:23 am  
"The function of the Judex is simply jus dicere, and not jus dare. Accordingly this court, in D. E. Okumagba v. Egbe (1965) 1 ALL NLR 62, had condemned any attempt by a court of law embarking on judicial legislation by reading into the provision of a statute words that are not there, or which words are not contemplated by the law maker. Thus, as the Court of Appeal had rightly stated in Edozie v. Edozie & ORS (1998) 12 NWLR (pt.580) at 152.

"Courts should not read into an enactment words which are not to be  found there and which will alter its operative effect".

   
PER E.EKO,J.S.C IN THE CASE OF SUNDAY GABRIEL EHINDERO V FEDERAL REPUBLIC OF NIGERIA & ANOR; LER (2018): SC. 137/2014

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