Nigerian Enactments. Flashcards
What is at the top of the hierarchy of laws in Military Regime?
Decrees were at the top. They were the supreme law of the land, and other laws, even the suspended constitution was subject to decrees. See A.G. Anambra State v. A.G. Federation.
What is the second in the hierarchy of laws in Military Regime?
Below the decrees, were the parts of the constitution that were not suspended. See Okechukwu v. Alagba.
What is the third in the hierarchy of laws in Military Regime?
Acts of National Assembly.
What is the fourth in the hierarchy of laws in Military Regime
Edicts: These were laws made by the military governors of the regions or state. See Jallo v. Military Governor of Kano State.
What is the last in the hierarchy of laws in Military Regime?
Laws of the state legislature.
What are the features of military government?
- There was a removal or subversion of democratic institutions. See A.G. Bendel State v. A.G. Federation.
- There was a subversion of the independence of the judiciary through the use of ouster clauses.
What are Ouster Clauses?
These refer to tools which seek to oust/take away the jurisdiction of a court over a case which it typically would have jurisdiction over.
What did the court do when faced with ouster clauses?
The court is famously known to guard its jurisdiction jealously. Whenever an ouster clause is brought about, the court investigates the case to determine if it had jurisdiction over it. See N.E.C. v. Nzeribe. Following this, the court would examine the ouster clause, and if it was seen to have more than one interpretation, the court would choose that which protects and preserves its jurisdiction. See Ogbonna v. The President.
