LEGAL PRINCIPLE: CIVIL PROCEDURE – Jurisdiction of Court – Ouster under Military Regime
PRINCIPLE STATEMENT
The Constitution (Suspension and Modification) Decree (No.1 of 1984) section 5 provides that no question as to the validity of any Decree or Edict shall be entertained by any court in Nigeria.
RATIO DECIDENDI (SOURCE)
"The Constitution (Suspension and Modification) Decree (No.1 of 1984) in section 5 thereof provides: '5. No question as to the validity of this or any other Decree or of any Edict shall be entertained by any court in Nigeria'"
EXPLANATION / SCOPE
During military rule, ouster clauses in decrees excluded court jurisdiction over decree/edict validity. Section 5 absolutely barred courts from entertaining challenges to any decree or edict’s validity, constitutionality, or legality. This reflected military government’s supremacy and suspension of constitutional judicial review. Courts could not: declare decrees invalid, examine their constitutionality, or review their legality. However, courts retained jurisdiction to: interpret decrees/edicts, apply them to facts, and determine their scope. The ouster was absolute regarding validity challenges but didn’t eliminate all judicial function. This represented a significant limitation on judicial power during military rule, preventing checks on legislative authority. With return to democracy, such ouster clauses ceased to apply, and full judicial review was restored.