PRINCIPLE STATEMENT

An ouster clause protects only acts done within jurisdiction; it does not cover acts done without or in excess of the power given by a Decree or Edict.

RATIO DECIDENDI (SOURCE)

Per Ogundare, JSC, in Nigeria Engineering Works Ltd. v. Denap Ltd. & Anor (2001) NLC-1631997(SC) at p. 35; Paras A–A.
"The purpose of the Decree is to protect any act of the Military Government done in pursuance of a Decree or Edict from being challenged in an action in court. The act protected must be one that is done within jurisdiction. I cannot subscribe to the view that the Decree covers a case such as this where the Governor acted without or in excess of the power given him by a Decree or an Edict. Anything done without or in excess of jurisdiction cannot be an act done in pursuance of a Decree or Edict empowering the act."
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EXPLANATION / SCOPE

Ouster clauses (provisions that seek to exclude court jurisdiction) protect only acts done within statutory powers. Acts done without or in excess of jurisdiction are not protected. A purported act in excess of power is not an act “in pursuance of” the empowering statute. Courts will not allow ouster clauses to shield ultra vires acts. The principle prevents the executive from using ouster provisions to validate illegal conduct. The court retains jurisdiction to determine whether an act was within the statutory power. If the act exceeds power, the ouster clause does not apply. The court jealously guards its jurisdiction to review acts beyond statutory authority.

CASES APPLYING THIS PRINCIPLE

None recorded.