LEGAL PRINCIPLE: STATUTORY INTERPRETATION – Public Officer Removal – Mandatory Compliance with Prescribed Statutory Procedure
PRINCIPLE STATEMENT
A decision to compulsorily retire an officer in breach of statutory procedural provisions is ultra vires, void, and of no effect.
RATIO DECIDENDI (SOURCE)
"The decision of the Respondent Council of the 29th October, 1985 compulsorily retiring the appellant from its service and in his office as Deputy Registrar of the Yaba College of Technology in breach of the provisions of Section 12(1)(a)(b)(c) of the Federal Polytechnics Act 1979 is accordingly ultra vires void and of no effect."
EXPLANATION / SCOPE
Statutory procedures for removing public officers are mandatory, not directory. Non-compliance renders removal ultra vires (beyond authority) and void. Section 12(1) prescribed specific procedures that had to be followed—these weren’t mere suggestions but binding requirements limiting the Council’s power. Acting outside statutory authority or without following prescribed procedures produces legal nullities. This strict approach protects public officers from arbitrary removal and ensures statutory protections aren’t undermined through procedural shortcuts. The principle reflects that public office holders enjoy statutory security of tenure, removable only through prescribed procedures. Courts strictly enforce procedural compliance in public officer removal cases.