LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fundamental Rights — Ouster Clause Does Not Protect Nullity or Decision Made Without Jurisdiction
PRINCIPLE STATEMENT
Jurisdiction is fundamental to any decision. A decision reached without jurisdiction cannot constitute res judicata or issue estoppel. An ouster clause does not protect a nullity or a decision made without jurisdiction.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in FRN & Anor v. Ifegwu (2003) NLC-1152002(SC) at p. 24; Paras C–D.
"Moreover, it is elementary but basic principle of law that jurisdiction is fundamental to any decision. It is therefore a condition for relying on res judicata or issue estoppel to establish that the decision was reached by a court competent to do so having regard to the subject-matter. A decision arrived at by a court without jurisdiction, or by a court on a subject-matter which the Constitution or statute forbids it from entertaining, can neither constitute res judicata nor issue estoppel."
EXPLANATION / SCOPE
Decisions without jurisdiction are nullities and cannot ground estoppel. The principle applies to constitutional law. Ouster clauses do not protect void decisions. The rule ensures that jurisdictional defects are not immunised. The court will examine jurisdiction despite ouster provisions. The principle is well-established.
