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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Ouster Clauses and Disobedience of Court Orders in Nigeria: A Judicial Impediment
Author:Ogungbe, M.O.
Year:1999
Periodical:East African Journal of Peace and Human Rights (ISSN 1021-8858)
Volume:5
Issue:2
Pages:199-212
Language:English
Notes:biblio. refs.
Geographic terms:Nigeria
West Africa
Subjects:military regimes
judicial power
Law, Human Rights and Violence
law
Justice, Administration of
judicial system
democracy
rule of law
Abstract:This paper starts from the premise that the independence of the judiciary is the bedrock of administration of justice and the rule of law. Separation of powers is a prerequisite for sustainable democracy. The paper examines in what ways the independence of the judiciary in Nigeria has been encroached upon by ouster clauses and the disobedience of court orders, and suggests ways in which the Nigerian judiciary can function with no hindrance from the legislature and the executive. Ouster clauses are stipulations made in any statute for the time being in which they automatically tend to remove the adequate statements against the abuse of power by the executive under the rule of law. Under military governments they appear in the most brazen and naked form to completely remove the jurisdiction of any court in any matter that may challenge the validity of the decree in which the ouster clause exists. The paper discusses the application of ouster clauses in decrees and edicts under the military administration of Ibrahim Babangida which came to power in 1985. Moreover, the judiciary in Nigeria has also witnessed the flagrant disobedience of court orders, which has also posed a serious threat to its independence. If citizens follow the example of the executive in disobeying court orders, this will lead not only to disruption of the due administration of justice, but also to anarchy. Ref.
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