LEGAL PRINCIPLE: JURISDICTION — Ouster Clauses — Court Must Examine Whether Competence Has Been Taken Away
PRINCIPLE STATEMENT
Since the right of an individual is affected, the court must carefully examine all circumstances to discover whether it fits within the ouster provision. Closing its eyes to the sinister tenor of an ouster provision would abrogate constitutional responsibilities.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Jombo v. Petroleum Equalisation Fund & Ors (2005) NLC-182001(SC) at pp. 6–7; Paras E–A.
"Since the right of an individual is affected the court seized of the matter ought to carefully examine all the circumstances of the case with a view to discovering whether it fits into the orbit of the intendment of the statute. To close its eyes to the sinister tenor of ouster provision of the statute would amount in my view to abrogation of its Constitutional responsibilities."
EXPLANATION / SCOPE
Courts must carefully examine whether ouster clauses apply; ignoring them abrogates constitutional duties. The principle applies to jurisdiction.