UWAIFO, J.S.C. (Delivering the Leading Judgment): This appeal deals with how to determine whether a statute is retrospective or prospective in operation and the effect thereof in relation to the facts of the present case. According to Driedger, Construction of Statutes page 186, there are three kinds of statutes that can be said to be retrospective, namely (a) statutes that attach benevolent consequences to a prior event (b) statutes that impose a penalty on a person who is described by reference to a prior event, but the penalty is not a consequence of the event; (c) statutes that attach prejudicial consequences to a prior event. It is said that it is the last that attracts the presumption against the retrospective operation of the law: see Understanding Statutes by Crabbe, 1994 edn., page 169. The learned author of Craies on Statute Law. 7th edn., page 387, relying on the definition by Sedgwick, says that a statute is to be deemed to be retrospective, which takes away or impairs any…
ADESANOYE
V.
ADEWOLE
(2000) JELR 43864 (SC)
Supreme Court 19 May 2000 Nigeria
Case
Key Passages 20
Citing Cases 77
BriefBot Summary
- The case involves a challenge to the appointment of an Oba in Ondo State, Nigeria. - The appellants argue that the suit should be struck out due to non-compliance with conditions precedent set out in an edict. - The judge concludes that t
Case Details
Suit Number:SC.36/1998
Judges:ABUBAKAR BASHIR WALI JSC
MICHAEL EKUNDAYO OGUNDARE JSC
EMMANUEL OBIOMA OGWUEGBU JSC
ANTHONY IKECHUKWU IGUH JSC
SAMSON ODEMWINGIE UWAIFO JSC
Counsel:Chief Segun Adegoke, Dele Thomas Esq. For the Appellants;
A. Thompson Esq. For the Respondents.
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