AND AND 'OR' IN A STATUTE

• Date: 07 September 2019

(1) "It is now settled law that the word "or" is disjunctive depending on the context as under certain circumstances the word "and" would be head in place or "or" so as to carry out the intention of the legislature. For the general interpretation of the intention of the legislature. For the general interpretation of the word "or", see section 18(3) of the interpretation Act, Cap. 192." - Per Onnoghen, J.S.C., in Kabirikim v. Emefor Suit No. S.C. 242/2002; (2009) 14 N.W.L.R. (Pt. 1162) 602 at 623.

(2) "In my view, the word "Or" used in a statute is constructed disjunctively while the word "and" is used conjunctively. The word "or" is used to create each item or subhead in a statute and it is therefore disjunctively used. In the case of Ndoma- Egba v. Chukwuogor (2004) 2 S.C.N.J. 117 at 123, (2004) 6 N.W.L.R. (Pt. 869) 382 at 409 this Court held per Uwaifo, J.S.C., as follows: - "In ordinary usage, the word "Or" is disjunctive and "and" is conjunctive. But it is conceded that there are situations which would make it necessary to read "and" in place of "Or" and vice versa. This may occur in order to carry out the intention of the legislature. See Maxwell on the...