Interpretation of Statutes

For further effect, Section 254D (1) confers the trial Court with "all the powers of a High Court" for the purpose of exercising any jurisdiction conferred upon it. That is not all. Section 5 thereof altered Section 243 by inserting, immediately, after the words 'Federal High Court' in the marginal note, the words 'National industrial Court.'
Although, side notes or marginal notes to an enactment do not form parts thereof and do not generally, afford legitimate aid to its construction; at least, it is permissible to consider the general purpose of a section and the mischief at which it is aimed with the marginal notes in mind; and as a signpost to what the section sets out to provide, Idehen v Idehen (1991) LPELR-1416 (SC) 55; F-G; [1991] 6 NWLR (Pt. 198) 382; Oloyo v. Alegbe [1983] 2 SCNLR 35, 57; Uwaifo v. A-G, Bendel State [1982] 7 SC 124, 187-188; O.S.I.E.C. and Anor v. A.C. and Ors (2010) LPELR-2818 (SC) 55; B-C; Yagube v. C.O.P. (1992) LPELR-3505(SC) 17-18.

(g) in all, the proper approach to the construction of the Constitution "should be...one of liberalism; a variation on the theme of the general maxim ut res magis valeat quam pereat. As such, it would be improper to construe any of the provisions of the Constitution as to defeat the obvious ends the Constitution was designed to serve where another construction, equally, in accord and consistent with the words and sense of such provisions will serve to enforce and protect such ends, Nafiu Rabiu v. State (supra) 300-301; A-G of North South Wales v. B.E.U.N.S.W. (supra) 611-612; Bank of New South Wales v. The Commonwealth (supra) 332. Only recently, this Court summed up these prescriptions in Saraki v. F.R.N. [2016] 3 NWLR (Pt. 1500) 531, 631-632, in these words [per Nweze, JSC]: "...one of the guiding posts in the interpretation of the provisions of the Nigerian Constitution is that the principles upon which it [the Constitution] was established, rather than the direct operation or literal meaning of the words used, measure the purpose and scope of its provisions, Global Excellence Communication Ltd v. Duke [2007] 16 NWLR (Pt. 1059) 22; A-G, Bendel v. A-G, Federation [1982] 3 NCLR 1. Above all, the rationale of all binding authorities is that a narrow interpretation that would do violence to its provisions and fail to achieve the goal set by the Constitution must be avoided. Thus, where alternative constructions are equally open, the construction that is consistent with the smooth working of the system, which the Constitution, read as a whole, has set out to regulate, is to be preferred, Dapianlong v. Dariye [2007] 8 NWLR (Pt. 1036) 239. The principle that underlies this construction technique is that the Legislature would legislate only for the purpose of bringing about an effective result, I.M.B. v. Tinubu [2001] 15 NWLR (Pt. 740) 690; Tukur v. Government of Gongola State [1999] 4 NWLR (Pt. 117) 517, 579; Aqua Ltd v. O.S.S.C. [1985] 4 NWLR (Pt...