LEGAL PRINCIPLE: ADMINISTRATIVE LAW – Public Officers (Special Provisions) Decree No. 17 of 1984 – Definition of “Appropriate Authority”
PRINCIPLE STATEMENT
The phrase "appropriate authority" as defined in Decree No. 17 of 1984 is limited to: (i) the Military Governor of the relevant State or any person authorized by him, in respect of offices held for state purposes; and (ii) in any other case, the Head of the Federal Military Government, or any person authorized by him or the Supreme Military Council.
RATIO DECIDENDI (SOURCE)
"The phrase 'appropriate authority' as defined is limited to (i) the Military Governor of the relevant State or any person authorised by him, in respect of offices held for the purposes of the state; and (ii) in any other case, the Head of the Federal Military Government, or any person authorised by him or the Supreme Military Council."
EXPLANATION / SCOPE
“Appropriate authority” under Decree No. 17 of 1984 has exhaustive statutory definition limited to specified high-ranking military officials or their authorized delegates. For state matters, only Military Governors or their authorized delegates qualify. For federal matters, only the Head of Federal Military Government, his authorized delegates, or the Supreme Military Council qualify. The definition is closed—no other persons, regardless of rank or position, constitute “appropriate authority.” This narrow definition limits the Decree’s protective scope to decisions by the highest governmental authorities during military rule. University administrators, ministers, or other officials outside this definition cannot constitute “appropriate authority” even for significant decisions. The principle requires strict construction of protective legislation affecting legal rights and remedies.