LEGAL PRINCIPLE: JURISDICTION – Statutory Interpretation – Ouster Clauses – Effect of Constitution
PRINCIPLE STATEMENT
With the enactment and coming into force of the 1979 Constitution on 1st October 1979 ... any law enacted by the Bendel State Government before the coming into force of the 1979 Constitution and which contradicts any of the provisions of the said Constitution after it came into force is either modified or repealed to conform with the Constitution. ... 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 stood impliedly repealed or modified by the 1979 Constitution.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, quoting Wali, JSC in Olu of Warri v. Kperegbeyi, in Odugbo v. Abu & Ors (2001) NLC-1121996(SC) at p. 54; Paras A–D.
"With the enactment and coming into force of the 1979 Constitution on 1st October 1979 ... any law enacted by the Bendel State Government before the coming into force of the 1979 Constitution and which contradicts any of the provisions of the said Constitution after it came into force is either modified or repealed to conform with the Constitution. ... 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 stood impliedly repealed or modified by the 1979 Constitution."
EXPLANATION / SCOPE
Ouster clauses in pre-1979 Constitution statutes are impliedly repealed or modified by the Constitution. The Constitution is supreme—any inconsistent law is void. The 1979 Constitution (and subsequent constitutions) guarantees access to courts and judicial review. Ouster clauses that attempt to exclude judicial scrutiny conflict with constitutional provisions on fair hearing and jurisdiction. Such clauses are modified to the extent necessary to conform with the Constitution. The principle ensures that no statute can completely oust the court’s supervisory jurisdiction. The court retains power to review administrative actions for legality, procedural fairness, and jurisdictional error. The Constitution prevails over inconsistent state laws.