LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Judicial Powers — Section 6(6)(d) of 1979 Constitution — Ouster of Jurisdiction
PRINCIPLE STATEMENT
Section 6(6)(d) ousted jurisdiction only to determine issues of legislative competence of any authority to promulgate any law. It did not prohibit determining the validity of any such law.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Nangibo v. Okafor & Ors (2003) NLC-1391999(SC) at pp. 9–10; Paras D–A.
"What section 6(6)(d) of the 1979 Constitution was meant to do or achieve was to oust the jurisdiction of the courts in determining any issue or question as to the legislative competence of any authority or person to promulgate any law. The section had not the effect of prohibiting any court from determining any issue or question as to the validity of any such law. Indeed, nowhere in section 6(6)(d) ibid was the prohibition extended to the question of determining the validity of any law. The prohibition was only as to issue or question of the competence of the lawmaker to make the law in question."
EXPLANATION / SCOPE
The ouster clause did not prevent courts from determining validity of laws. The principle applies to constitutional interpretation. Courts retain power to examine validity. The rule preserves judicial review. The provision was narrowly construed. The principle is well-established.
