Effect of Ouster Clauses on the Right of Access to Court in Nigeria: an Appraisal

Student: ADEBAYO PAUL OTUBULE (Project, 2025)
Department of Civil Law
Olabisi Onabanjo University, Ago-Iwoye, Ogun State

Abstract

ABSTRACT Ouster clause provisions rob the courts of jurisdiction, and ouster in Nigeria is observed under the classification of human right into the Fundamental Objective and Directive Principles of State Policy and the Fundamental Human Rights. The provisions of section 6(6) (c) of the Constitution of the Federal Republic of Nigeria, 1999 as such ousts the jurisdiction of the law courts in the enforcement of Directive Principles. The research considers whether the unification approach adopted in the Preamble to the African Charter, the Constitution of the Republic of South Africa and that of India, is not a better option for Nigeria in the enforcement of matters under the Directive Principles. It investigates whether the ouster of jurisdiction of the courts in pre-election matters and impeachment of the executive do constitute an absolute bar on the court’s jurisdiction. The research recommends that the courts should adopt judicial activism as they review ouster of their jurisdiction, with a view of protecting human right and forestalling arbitrariness in governance. A court should then hesitate to unduly deny itself of jurisdiction on the provision that restriction should be strictly for the promotion of the interest of the state.

Keywords
ouster clauses rule of law judicial review independence of judiciary judicial activism separation of powers checks and balances constitutional democracy immunity clause human rights
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