LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Constitutional Supremacy and Voidness – Ouster Clauses – Inconsistency with 1979 Constitution Rendering Ouster Clause Invalid
PRINCIPLE STATEMENT
Section 4(8) of the Constitution provided that save as otherwise provided by the Constitution, the exercise of legislative powers shall be subject to the jurisdiction of courts of law and judicial tribunals; accordingly, the legislature shall not enact any law that ousts or purports to oust the jurisdiction of a court or judicial tribunal; a provision patently inconsistent with section 4(8) is invalid by virtue of section 274(1) of the Constitution.
RATIO DECIDENDI (SOURCE)
"Now section 4(8) of the Constitution provided: '4(8) Save as otherwise provided by this Constitution, the exercise of legislative powers by the National Assembly or by a House of Assembly shall be subject to the jurisdiction of courts of law and of judicial tribunals established by law; and accordingly, the National Assembly or a House of Assembly shall not enact any law that ousts or purports to oust the jurisdiction of a court of law or of a judicial tribunal established by law.' Section 14(c) of the Edict is patently inconsistent with section 4(8) above and by virtue of section 274(1) of the Constitution I hereby declare it invalid."
EXPLANATION / SCOPE
This reinforces Principles 268-269, 273-274, and 340-341 on ouster clauses. Section 4(8) of 1979 Constitution (similar provisions in subsequent constitutions) establishes: (1) Legislative exercise is subject to court jurisdiction; (2) Legislature cannot oust courts’ jurisdiction; (3) Laws attempting to oust jurisdiction are prohibited. Section 274(1) (supremacy clause) provides: laws inconsistent with Constitution are void to extent of inconsistency. Ouster clauses (provisions purporting to exclude judicial review) are: patently inconsistent with section 4(8), prohibited by Constitution, and void. “Patently inconsistent” means: obviously contradictory, clearly conflicting, and irreconcilably opposed. Courts must: identify ouster clauses, assess consistency with Constitution, and declare invalid inconsistent provisions. This serves: constitutional supremacy, judicial review preservation, and preventing legislative attempts to shield actions from judicial scrutiny. “Save as otherwise provided by Constitution” means: only Constitution itself can oust jurisdiction (like specific constitutional provisions), legislature cannot do so through ordinary legislation. The declaration of invalidity: voids the ouster clause, restores court jurisdiction, and ensures justiciability. This constitutional prohibition on ouster clauses is fundamental to rule of law and separation of powers.