Library / IHS LTD & INT TOWERS LTD VS NMDPRA JUDGEMENT
IHS LTD & INT TOWERS LTD VS NMDPRA JUDGEMENT

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On 
the 
other 
hand, 
the 
general 
principles 
guiding interpretation 
of instruments (such) as regulations made pursuant to statutory provisions) 
is 
that where the words of any instrument are free from ambiguity in themselves, 
and where the circumstances of the case have not created any doubt or difficulty 
as to the proper application of the words to claimants under the instrument or 
the subject matter tol which the instrument relates, such an instrument is to be 
construed according 
to the strict, plain and the common meaning of the words 
themselves; see Jbro Hotel Lid. 
v. Hotel Service Ltd, (2001) 8 NWLR (Pt. 714) 
174; see also Union hank of Nigeria v. Ozigi (1994) 3 NWLR (Pt. 333) 385. The 
object of interpretation of any written instrument is to discover the intention of 
its writer, the written declaration of whose mind 
it is always considered to be; 
see Ademola v. Shodjpo (1989) 5 NWLR (Pt. 121) 329 
When the Court 
is called upon to consider whether the provision of a 
statutory instrument is in conflict with the provision of the statute pursuant to 
which 
it is made, the Court will still consider the clear, plain and unambiguous 
provisions thereof and examine the possibility of its inconsistency with the 
provisions of the statute upon which 
it is made. The reason for this is that the 
provision of statutory instrument must be in strict conformity with the provision 
of the statute by virtue of which 
it is made, otherwise, 
it can be declared null 
and void to the extent of its inconsistency. There 
is no contention that the 
MDPOR 2023 is made pursuant to Ss. 33, 125 (3) and 174 (3) of the PIA 2021, 
and the PTS Regulations 2023 is mace pursuant to Ss, 32 (a), (c) (ii) and iii), 
33 and 113 (6) of the PIA 2021 by virtue of which both Regulations can be 
termed as statutory instruments of the PIA 2021. There is need to state at this 
point that the essence of statutory regulations is that they set out a framework 
within which activities can be carried out pursuant to the provisions of the statute