Following the 1966 military intervention in Nigeria, Decree No. 1 (Constitution Suspension and Modification Decree) was promulgated. Which of the following best describes the primary legal effect of military decrees on the jurisdiction of regular courts regarding military enactments?
- Decrees contained ouster clauses that explicitly barred regular courts from questioning their validity or constitutionality.Cevap
- BDecrees remained subordinate to unsuspended provisions of the constitution whenever legal conflicts arose in civilian courts.
- CDecrees empowered High Courts to exercise judicial review and invalidate executive actions violating fundamental human rights.
- DDecrees abolished regular civilian courts completely and transferred all civil and criminal jurisdiction to military tribunals.
Cevap
Military decrees included ouster clauses that explicitly stripped regular civilian courts of the jurisdiction to challenge or question the validity of military enactments.
Under military rule in Nigeria starting from 1966, military decrees were established as the highest source of law, superseding the constitution. To protect their laws from being challenged, military governments included ouster clauses in decrees, which legally prohibited civilian courts from questioning or invalidating any decree.
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Anahtar Kavram
Military Decree Supremacy and Judicial Ouster Clauses