(2000) JELR 43864 (SC)    

Supreme Court  ·  SC.36/1998 ·  19 May 2000 ·  Nigeria
Other Citations
Adesanoye v. Adewole (2000) 9 NWLR (Pt.671)127 (2000) 5 S.C 124 (2000) 11 W.R.N 138 S.C
Adesanoye v. Adewole (2000) 9 NWLR (Pt. 671) 127
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Core Terms Beta
present case
court of appeal
high court
osemawe of ondo
1st respondent
lower court
retrospective operation
edict no.2
learned trial judge
commencement date
principal act
approval of appointment of an oba
necessary court processes
new obligation
said edict
4th defendants
bankruptcy act
past events
purported appointment of the 1st defendant
purported approval of the 1st defendant
respect of such action
2nd respondent
attorney-general of ondo stae
case of attorney-general v
commencement date of the said edict
construction of statutes
date of commencement of edict no.
days of the date of the appointment
exercise of legitimate legislative power
facts of the present case
following reliefs
general principles
given act
high court registry ondo state
interpretation of statutes
learned author of craies
lord selbourne
make belief
military governor of ondo state of nigeria
official gazette chief edict no.11
ondo state official gazette no.
peculiar facts of the case
procedural conditions precedent
provisions of sections
retrospective operation of the law
said edict no.2
said issue
staff of office edict no.2
unambiguous provisions of the edict
way affects

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…

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