LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Existing Laws – Ouster Clauses – Effect of 1979 Constitution on Pre-existing Ouster Provisions
PRINCIPLE STATEMENT
Taking into consideration the provisions of the 1979 Constitution (supra) the ouster clauses in the Traditional Rulers and Chiefs Law 1979 of the defunct Bendel State, now applicable to Delta State, stood impliedly repealed or modified by the 1979 Constitution in order that it is brought into conformity with its provisions.
RATIO DECIDENDI (SOURCE)
"Taking into consideration the provisions of the 1979 Constitution (supra) the ouster clauses in the Traditional Rulers and Chiefs Law 1979 of the defunct Bendel State, now applicable to Delta State, stood impliedly repealed or modified by the 1979 Constitution in order that it is brought into conformity with its provisions."
EXPLANATION / SCOPE
Ouster clauses in pre-1979 Constitution statutes are impliedly repealed or modified by the Constitution to ensure conformity. The Constitution is supreme—any inconsistent law is void. The 1979 Constitution (and subsequent constitutions) guarantees access to courts and judicial review. Ouster clauses that attempt to exclude judicial scrutiny conflict with constitutional provisions on fair hearing and jurisdiction. Such clauses are modified to the extent necessary to conform with the Constitution. The principle ensures that no statute can completely oust the court’s supervisory jurisdiction. The court retains power to review administrative actions for legality, procedural fairness, and jurisdictional error. The Constitution prevails over inconsistent state laws. The implied repeal operates automatically upon the Constitution’s commencement.
