LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Implied Repeal – Ouster Clauses and Jurisdiction
PRINCIPLE STATEMENT
With the enactment and coming into force of the 1979 Constitution, ouster clauses in state laws stood impliedly repealed or modified by the Constitution in order that they be brought into conformity with its provisions.
RATIO DECIDENDI (SOURCE)
"With the enactment and coming into force of the 1979 Constitution on 1st October 1979 ... the ouster clauses in the Traditional Rulers and Chiefs Law 1979 of the defunct Bendel State ... stood impliedly repealed or modified by the 1979 Constitution in order that it is brought into conformity with its provisions."
EXPLANATION / SCOPE
Constitutional supremacy requires inconsistent laws to yield. When the 1979 Constitution established comprehensive judicial jurisdiction and access to courts, pre-existing ouster clauses in state laws conflicting with constitutional provisions were: impliedly repealed (no longer effective), or modified (read down to comply with Constitution). This reflects constitutional hierarchy—Constitution prevails over inconsistent ordinary legislation. The implied repeal doctrine operates automatically upon constitutional enactment; no express repeal is necessary. State laws attempting to exclude court jurisdiction contrary to constitutional provisions become void to the extent of inconsistency. This principle protected judicial power under the democratic constitution against ouster clauses from earlier periods. Courts must examine whether ouster clauses can coexist with constitutional provisions or must yield to constitutional supremacy