Legislation is often couched in technical language. A situation may also
arise where it is not certain whether or not a statute or regulation extends
to a particular case, to assist the court, a number of principles,
approaches and rules have been adopted over the years. Interpretation is
wide or narrow. Approach ranges from Literal, Golden, Mischief,
purposive, to ejusdem generis rules approaches or other. The Court may
just read the Acts as a whole, resort to internal or external aids. It is a
matter of judicial function.
6.0 TUTOR-MARKED ASSIGNMENT
The Law of Lagos State provides that “a person shall be guilty of an
offence who throws down, drops or otherwise deposits and leaves any
litter in or on any public place”
Section 2 of the law defines ‘Litter’ to mean ‘bottles, tins, cartons,
packages, paper, glass, food or other refuse or rubbish and ‘public place’
is defined to mean ‘any street, road, lane or thorough fare’
Prince Waidi parked his motor vehicle on a reservation strip separating
two carriage ways and drained a quantity of oil from the sump of his
motor vehicle leaving a pool of oil on the carriage way.
Prince Waidi has been arrested and prosecuted under the law. What
rules of statutory interpretation would be utilized by the prosecution to
successfully prosecute Prince Waidi?
7.0 REFERENCES/FURTHER READINGS
Chrisholm R & Anor (1984). Understanding Law. Sydney:
Butterworths.
Derham D et al (1986). An Introduction to Law. Sydney: The Book
Company Ltd.
Griffths, L et al (1993). Introducing the Law. Sydney: CCH.
Cirby M. Boyer (1984). Lechires.
Parker B & Anor. The Wizard d Cartoon. Creators Syndicate Inc.
Pearce D. (1981). Statutory Interpretation. Sydney: The Law Company
Ltd.