LEGAL PRINCIPLE: ADMINISTRATIVE LAW – Jurisdiction of Tribunal – Error Within Jurisdiction Not Subject to Review
PRINCIPLE STATEMENT
A tribunal may commit a mistake of law or fact within its jurisdiction. If there is a clear ouster clause prohibiting interference, a superior court cannot review the decision.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Agwuna v. A.G., Federation & Anor (1995) NLC-1581994(SC) at pp. 14; Paras B-D.
"A tribunal may commit a mistake of law or fact when reaching its decision. So long the mistake is committed within the confines of its jurisdiction, and where there is a clear and unambiguous ouster clause prohibiting interference with its decision, a superior court exercising supervisory jurisdiction cannot interfere with it."
EXPLANATION / SCOPE
Errors within jurisdiction are not reviewable if an ouster clause applies. The court can only intervene if the tribunal acted outside its jurisdiction. The principle distinguishes between jurisdictional errors and errors within jurisdiction. The ouster clause protects decisions within jurisdiction. The rule applies to administrative tribunals. The court will examine whether the tribunal had power to decide the matter. If it did, even a wrong decision is protected. The principle promotes finality in tribunal decisions. The party challenging the decision must show excess of jurisdiction.