LEGAL PRINCIPLE: ADMINISTRATIVE LAW – Judicial Review – Ouster of Supervisory Jurisdiction by Decree
PRINCIPLE STATEMENT
Notwithstanding any constitutional provision, the supervisory jurisdiction of a High Court shall not extend to any matter or proceedings before a tribunal duly constituted under the Decree.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, quoting S.1(8) Decree No.9 of 1991, in Agwuna v. A.G., Federation & Anor (1995) NLC-1581994(SC) at pp. 7-8; Paras A--B.
"Notwithstanding the provisions of the Constitution of the Federal Republic of Nigeria, 1979 as amended, or any enactment to the contrary, the supervisory jurisdiction or power of judicial review of a High Court shall not extend to any matter or proceedings before a tribunal duly constituted before or after the commencement of this Decree."
EXPLANATION / SCOPE
Military Decrees can oust the supervisory jurisdiction of courts. The ouster provision is clear and unambiguous. The court must give effect to it. The principle applies to decrees with ouster clauses. The High Court cannot entertain applications for judicial review of tribunal decisions. The rule is strict. The court will not examine the merits of the tribunal’s decision. The only exception is if the tribunal acted outside its jurisdiction. The principle reflects the supremacy of military decrees during military regimes. The court will not read down ouster clauses.