Purposive Approach to Statutory Interpretation: Comparative Analysis and Impact on Nigerian Legislative Drafting

Abstract

This paper examines the rising prominence of the purposive approach to interpretation, which
considers the underlying legislative purpose to inform the interpretation and application of
statutes. The persistent ambiguity and unintended consequences of applying the literal rule in
legislative drafting necessitate thoroughly examining the potential and challenges of adopting a
purposive approach to statutory interpretation. Through a comparative analysis of legal systems
in the UK, France, Canada, South Africa, and Nigeria, the paper explores how the purposive
approach has influenced legislative drafting and judicial interpretation. One of the specific
objectives of this research is to study the potential and limitations of adopting a purposive
approach to statutory interpretation in Nigeria through improvements in legislative drafting
practices and judicial application. To ensure a comprehensive and rigorous analysis, the paper
employs a doctrinal research method. The paper finds that a purposive approach to statutory
interpretation enables users to ascertain the legislation's purpose easily. It improves clarity and
efficiency. It also enables the user to discern the legislative intent easily. This will enable the courts
to interpret laws in a manner that will further the purpose of the legislation. The research
recommends that drafters should incorporate mechanisms by inserting a purpose clause in the
legislative proposal to promote a purposive approach to the interpretation of statutes.