LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fundamental Rights — Jurisdiction of High Court to Enforce Fundamental Rights Not Ousted by Finality Clause
PRINCIPLE STATEMENT
A final decision of an inferior tribunal cannot foreclose the enforcement of a constitutionally entrenched right. No court or tribunal has jurisdiction to convict for an act that did not constitute an offence at the time it was committed.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in FRN & Anor v. Ifegwu (2003) NLC-1152002(SC) at pp. 19–20; Paras E–A.
"It is plain to me, and I express the respectful view, that the final decision of the Special Appeal Tribunal, an inferior court, cannot foreclose the enforcement of the constitutionally entrenched right of the respondent not to be convicted of an act which did not constitute an offence at the time it was committed. No court or tribunal has any jurisdiction to so convict; and cannot by ruling otherwise that it has jurisdiction, or by keeping quiet about it, confer jurisdiction on itself. That is what section 33(8) of the 1979 Constitution has guaranteed and it must have its full impact on the proceedings before the Failed Banks Tribunal."
EXPLANATION / SCOPE
Finality clauses cannot oust fundamental rights enforcement. The principle applies to constitutional law. Conviction for a non-existent offence at the time is void. The rule protects against ex post facto laws. The High Court retains jurisdiction under section 46. The principle is well-established.
