The Constitutionality of Ouster Clauses in AMCON ACT: A Critical Appraisal

Abstract

 It is no gainsaying that ouster clauses/provisions in any statute or regulation tend to rob the court of competent jurisdiction of its constitutional given role to adjudicate on any matter brought before it as it relates to such ouster clause or provision. The emergence of ouster clauses/provisions in some of Nigerian statutes did not only run foul and contrary to the sterling principles of rule of law, separation of power and/or the doctrine of checks and balances among the three arms of government, but also deprives an aggrieved citizen who might have been wronged, injured or whose rights might have been trampled upon without any justification to seek redress in court as a result of ouster clauses/provisions contained therein. Among these statutes which house ouster clauses/provisions is the Asset Management Corporation of Nigeria (AMCON) Act, 2010 (as amended). Hence, it is against this background that this research examines the ouster clauses/provisions in AMCON Act, 2010 (as amended) with a view to x-ray their legality or otherwise and their ripple effects on the rights of the Nigerian citizens to unhinderedaccess to court