Legal Principles – Nigerian LawCompass

Administrative Law Important

ADMINISTRATIVE LAW – Delegation of Statutory Power – Ministerial Delegation Must Be Published in Federal Gazette

"Any such delegation must, in terms of section 20(1) of the Pensions Act, be by 'order published in the Federal Gazette.' No such delegation of power has been alleged or...

Administrative Law Important

ADMINISTRATIVE LAW – Statutory Powers – Ultra Vires Acts – Public Body Exceeding Statutory Powers Renders Action Invalid

"The appellant purported to exercise power which it has not got. Although the lower court misunderstood the essence of Exhibit 'B' by which that power was exercised, it was right...

Administrative Law Important

ADMINISTRATIVE LAW – Ultra Vires – Non-Compliance with Mandatory Statutory Procedure

"Where a public body fails to comply with certain procedural safeguards in an enabling Act or Regulations, there is a breach of a duty imposed on it and its decision...

Administrative Law Important

ADMINISTRATIVE LAW – Statutory Procedure – Mandatory Nature of Procedural Requirements

"When a statute directs that certain procedure be followed before a person can be deprived of his right, whether in respect of his person, property or office, such procedure must...

Administrative Law Important

ADMINISTRATIVE LAW – Disciplinary Proceedings – Distinction Between Witness and Accused

"In the case in hand, the appearance of the respondent before the 1st appellant (an administrative body duly constituted) as a witness and not as an accused when summoned over...

Administrative Law Important

CIVIL PROCEDURE – Locus Standi – Administrators’ Capacity to Sue After Conveyance to Agent

"Properly construed and in the light of the recitals and the habendum reproduced above, it is quite clear that by Exhibit 'D' the parcel of land was conveyed to the...

Administrative Law Important

ADMINISTRATIVE LAW – Delegation of Powers – Presumption of Regularity

"By section 149 subsections (1) and (2) of the Evidence Act... there is a presumption of regularity when an official act is shown to have been done in a manner...

Administrative Law Important

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

"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...

Administrative Law Important

ADMINISTRATIVE LAW – Distinct Statutory Capacities – Head of State Acting as Visitor to a University

"Although the President, Commander-in-Chief of the Armed Forces is by law, the Visitor to all Federal Universities in Nigeria, but when he acts as Visitor to a University, he acts...

Administrative Law Important

ADMINISTRATIVE LAW – Application of Decree No. 17 of 1984 – Necessity for Action by “Appropriate Authority”

"Hence, since 3rd appellant does not fall within the definition of 'appropriate authority' in Section 4(2)(ii) of the Decree, appellants are not entitled to the protection of the Decree, even...

Administrative Law Important

ADMINISTRATIVE LAW – Interpretation of Ouster Clauses – Strict Construction

"Any statute ousting the jurisdiction of the Court must be construed strictly as clear words are required to oust the jurisdiction of a court more so when such act cannot...

Administrative Law Important

ADMINISTRATIVE LAW – Public Officers (Special Provisions) Decree – Requirement for Specific Approval

A specific request requires a specific answer. Inference or analogy or answer by implication will not meet the requirement that the termination of the appointment ... must be by the...