Legal Principles – Nigerian LawCompass

Administrative Law Important

ADMINISTRATIVE LAW — Fair Hearing — Distinction Between Suspension and Expulsion in University Discipline

"In the circumstances, the situation in the instant appeal is diametrically different from that in Garba v. University of Maiduguri case (supra). In the Garba case, there was an outright...

Administrative Law Important

JUDICIAL PRECEDENT — Ratio Decidendi — Distinction Between Ratio and Obiter Dicta

"It is very important for counsel to bear in mind always, that a case is the only authority for what is actually decided. In other words, it is only the...

Administrative Law Important

SUCCESSION LAW — Administration of Estates — Letters of Administration — Revocation Not Justified Absent Proof of Fraud or Dishonesty

"It cannot therefore be revoked without proving any dishonesty or fraud on his part before or after the grant was made. There was none proved here and so the Court...

Administrative Law Important

ADMINISTRATIVE LAW – Fair Hearing – Requirement to Confront Employee with Specific Allegations

"The respondent was not availed the opportunity of being heard on these new allegations by the committee. Thus he was found guilty of what he was not confronted with. This...

Administrative Law Important

ADMINISTRATIVE LAW – Ouster of Court’s Jurisdiction – Conditions for Ouster under Public Officers (Special Provisions) Decree No. 17 of 1984

"Having regard to the facts and circumstances of the case as analysed above, I have no hesitation in agreeing with the Court of Appeal that the provision of section 3(3)...

Administrative Law Important

ADMINISTRATIVE LAW – Public Officers (Special Provisions) Decree No. 17 of 1984 – Meaning of “Appropriate Authority”

"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...

Administrative Law Important

ADMINISTRATIVE LAW — Judicial Review — Principles Applicable — Distinction from Appeal

"In a judicial review, the court must not stray into the realms of appellate jurisdiction for that would involve the court in a wrongful usurpation of power. The power of...

Administrative Law Important

ADMINISTRATIVE LAW — Commissions of Inquiry — Recommendations — Binding Effect

"Where the powers vested in a commission are of advisory, deliberative or investigatory character, the commission cannot make binding and conclusive pronouncements since whatever decision it takes or recommendation it...

Administrative Law Important

ADMINISTRATIVE LAW — Immunity of Public Officers — Scope of Protection — Protection Applies Only to Acts Done in Execution of Public Duty

"For a defendant to avail himself of the protection afforded by section 2 of the Public Officers Protection Law, he must, as a public officer, have done something whether by...

Administrative Law Important

ADMINISTRATIVE LAW — Fair Hearing — Distinction Between Suspension and Expulsion in University Discipline

JUDICIAL PRECEDENT — Ratio Decidendi — Distinction Between Ratio and Obiter Dicta

SUCCESSION LAW — Administration of Estates — Letters of Administration — Revocation Not Justified Absent Proof of Fraud or Dishonesty

ADMINISTRATIVE LAW – Fair Hearing – Requirement to Confront Employee with Specific Allegations

ADMINISTRATIVE LAW – Ouster of Court’s Jurisdiction – Conditions for Ouster under Public Officers (Special Provisions) Decree No. 17 of 1984

ADMINISTRATIVE LAW – Public Officers (Special Provisions) Decree No. 17 of 1984 – Meaning of “Appropriate Authority”

ADMINISTRATIVE LAW — Judicial Review — Principles Applicable — Distinction from Appeal

ADMINISTRATIVE LAW — Commissions of Inquiry — Recommendations — Binding Effect

ADMINISTRATIVE LAW — Immunity of Public Officers — Scope of Protection — Protection Applies Only to Acts Done in Execution of Public Duty

ADMINISTRATIVE LAW – Jurisdiction of Tribunal – Error Within Jurisdiction Not Subject to Review

ADMINISTRATIVE LAW – Judicial Review – Ouster of Supervisory Jurisdiction by Decree

ADMINISTRATIVE LAW — Mandamus — Requirement of Proper Case — Evidence Essential