Duty of court to give a holistic interpretation to a statute as required by law | The Guardian Nigeria News - Nigeria and World News

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The Aguobu Iwollo Autonomous Community drafted a Constitution before the death of the previous Igwe, which provided that the Igweship would be rotated amongst the five villages that make up the community.

According to the respondents, the Constitution provided that Igweship would rotate according to the seniority of the villages. Any village that had produced an Igwe before would have to give way to others. The village from which the 1st appellant comes being the most senior village had produced the previous Igwe and a warrant chief equivalent to an Igwe in a previous era. Therefore, it was the turn of the next most senior village, that is, the village of the 1st respondent to produce the Igwe.

Appellants’ counsel further submitted that it is not disputed that Ezeonyia village is the eldest family/village in the community. Ezeonyia village therefore did not violate the provisions of Section 38 of the Constitution of the Community because it was not mandatory on her to concede her constitutional and customary right duly recognised and preserved by the mandatory provisions of Section 37 of the Constitution of the Community.

Respondent’s counsel further submitted that whereas Section 37 of the Constitution of the community is a general provision , Section 38 is a special provision specifying the manner the rotation should be done. It was submitted that Section 38 is an exception to Section 37 . The Court was referred to Aqua Limited v. Ondo State Sports Council 10-11 SC 31.

 

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