LEGAL PRINCIPLE: JURISDICTION — Ouster Clauses — Strict and Narrow Construction Required
PRINCIPLE STATEMENT
Courts jealously guard their jurisdiction. Legislation seeking to restrict or oust court jurisdiction is construed strictly and narrowly. For jurisdiction to be ousted, it must be clearly shown that the action falls within the ouster clause.
RATIO DECIDENDI (SOURCE)
Per Akintan, JSC, in Jombo v. Petroleum Equalisation Fund & Ors (2005) NLC-182001(SC) at pp. 20–21; Paras E–A.
"It is trite law that the courts jealously guard their jurisdiction. It follows therefore that any legislation seeking to restrict or oust the jurisdiction of the court is construed strictly and narrowly. This is because ouster of court's jurisdiction is not a matter of course. It is a very serious matter which the courts do not take lightly. It follows therefore that for the court's jurisdiction to be ousted, it must be clearly shown that a particular action falls within the ouster clause."
EXPLANATION / SCOPE
Ouster clauses are construed strictly and narrowly. Clear showing required to oust jurisdiction. The principle applies to statutory interpretation.