LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Ouster of Court’s Jurisdiction – Effect of Military Decrees on Constitutional Provisions
PRINCIPLE STATEMENT
With military intervention in Nigeria and the promulgation of Decrees, the unsuspended provisions of the 1979 Constitution have been judicially interpreted as subject to the provisions of the Decrees.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Agwuna v. A.G., Federation & Anor (1995) NLC-1581994(SC) at pp. 20; Paras C--D.
"With the Military intervention in Nigeria and the promulgation of Decrees, the unsuspended provisions of the 1979 Constitution have been judicially interpreted as subject to the provisions of the Decrees."
EXPLANATION / SCOPE
During military regimes, Decrees had supremacy over the Constitution where they conflicted. The court gave effect to the Decrees. The principle is based on the doctrine of necessity. The unsuspended parts of the Constitution were subject to Decrees. The rule applies to ouster clauses and other provisions. The court will not declare a Decree invalid for inconsistency with the Constitution. The principle reflects the political reality of military rule. The court will interpret Decrees to give them full effect. The rule is specific to military regimes and does not apply under normal constitutional order.
