LEGAL PRINCIPLE: CIVIL PROCEDURE — Jurisdiction — Ouster Clauses — Effect of the 1979 Constitution on a Pre-existing Ouster Clause
PRINCIPLE STATEMENT
A pre-existing ouster clause in a 1978 Edict was not rendered void by the 1979 Constitution. It was unconstitutional to apply it to chieftaincy matters where the cause of action arose after the 1979 Constitution came into operation. But for causes of action before then, the Edict was still capable of denying jurisdiction.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Bob-Manuel & Ors v. Briggs & Ors (2003) NLC-1681995(SC) at p. 5; Paras A–B.
"The 1978 Edict was not rendered void by the 1979 Constitution. The 1979 Constitution made it unconstitutional for it to be applied in respect of chieftaincy matters where the cause of action arose after the 1979 Constitution came into operation. But in respect of causes of action before then, that Edict was still capable of denying jurisdiction to the court."
EXPLANATION / SCOPE
Pre-existing ouster clauses may still apply to pre-Constitution causes of action. The principle applies to constitutional law. The 1979 Constitution operates prospectively. The rule distinguishes between pre- and post-Constitution causes of action. The ouster clause is not automatically void. The principle is well-established.