Legal Nuggets (74): The Principles of Construction of Constitutions.- By Adedotun Habeeb Adetunji, LL.M (M.IoD), FCAI

BRONIK MOTORS LTD &ANOR V WEMA BANK LTD (1983) LPELR-808(SC)

ISSUE

INTERPRETATION OF CONSTITUTION: The principles of construction of Constitutions
PRINCIPLE
"A Constitution is a living document (not just a statute) providing a framework for the governance of a country not only for now but for generations yet unborn. In construing it, undue regard must not be paid to merely technical rules for otherwise the objects of its provisions as well as the intention of the framers of the Constitution would be frustrated. As was stated in Minister of Home Affairs v. Fisher (1979 2 W.L.R. 899; 1980 A.C. 319 at 328 a Constitutional instrument should not necessarily be construed in a manner and according to rules which apply to Acts of Parliament.
Although the manner of interpretation of a constitutional instrument should give effect to the language used, recognition should also be given to the character and origins of the instrument. Such an instrument should be treated as sui generis calling for principles of interpretation of its own suitable to its character without necessary acceptance of all the presumptions that are relevant to legislation of private law." Per NNAMANI J.S.C (Pp. 44-45, paras. D-G)