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Oputa Note Series Admin Law 2 Locus Standi

CONSTITUTIONAL LAW NOTE JUDICIAL ATTITUDE TO FEDERAL MILITARY DECREE         The attitude of the supreme court towards ouster clauses in military decrees has been a source of discussion in legal and political circles. The supreme court has engaged itself directly with the might of the military regime. A confrontation that led to the unpalatable defeat of the court as evidenced in Council of University of Ibadan vs Adamolekun and EO Lakanmi & Ors vs Attorney General of The West & Ors. Thus a content analysis of the Supreme Court's attitude in this respect is fundamental in order to understand the role of the Supreme Court in Nigerian political system.         In Adamolekun's case, while an appeal was pending on a decision of the High Court, an edict was promulgated establishing the Western region Court of Appeal. Thus precluding the appellant from direct access to the Supreme Court. The issue before the court was on interpretation...

Draft paper presented at African Network of Constitutional Law conference on Fostering Constitutionalism in Africa Nairobi April 2007 Oyewo oyewooyelowo@yahoo.com CONSTITUTIONALISM AND THE OVERSIGHT FUNCTIONS OF THE LEGISLATURE IN NIGERIA * __________________________________________________________________ “ Tyrants will not become benevolent rulers simply because the Constitution tells them to.   In order to guard against violations against the letter and spirit of the Constitution, there needs to be a set of institutional arrangements.” [1] 1.          INTRODUCTION The establishment of representative legislatures at the federal and state levels of government by the Constitution of the Federal Republic of Nigeria 1999 (“1999 Constitution”), after a period of Military rule devoid of any representative or accountable governance, essentially epitomized a fresh attempt at constitutionalism in Nigeria . [2]  ...