LEGAL PRINCIPLE: ADMINISTRATIVE LAW – Delegation of Statutory Power – Ministerial Delegation Must Be Published in Federal Gazette
PRINCIPLE STATEMENT
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 established by the appellant.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Psychiatric Hospital Management Board v. Ejitagha (2000) NLC-471995(SC) at p. 13; Paras C–D.
"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 established by the appellant."
EXPLANATION / SCOPE
Delegation of ministerial power under the Pensions Act requires publication in the Federal Gazette. Unpublished delegation is ineffective. The party relying on delegation must allege and prove that proper publication occurred. This formal requirement ensures transparency and accountability in administrative delegations. The Gazette provides public notice of delegated authority. Without Gazette publication, third parties cannot be bound by purported delegation. The requirement is mandatory, not directory. Failure to comply renders any action based on the delegation invalid. Courts strictly enforce this to prevent secret or informal transfers of statutory power.