LEGAL PRINCIPLE: ADMINISTRATIVE LAW – Public Officers (Special Provisions) Decree No. 17 of 1984 – Meaning of “Appropriate Authority”
PRINCIPLE STATEMENT
Under the Public Officers (Special Provisions) Decree No. 17 of 1984, the appropriate authority for retirement of certain officers is the Head of the Federal Military Government or any person authorised by him or the Supreme Military Council.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in B.A. Shitta-Bey v. Attorney General of the Federation & Anor (1998) NLC-471992(SC) at pp. 9–10; Paras B–C.
"In the operation of this Decree, the appropriate authority… in any other case, shall be the Head of the Federal Military Government or any person authorised by him or the Supreme Military Council."
EXPLANATION / SCOPE
The Decree defines “appropriate authority” for retirement purposes. The Head of State or his authorised representative is the appropriate authority. The principle applies to public officers covered by the Decree. The court will examine who took the retirement decision. The rule ensures that only authorised persons can retire covered officers.
