SAM-ELEANYA POLICY, PRACTICE & PUBLISHING LAW REPORTS (3PLR) ELECTRONIC SERIES: COMPENDIUM OF CASES ON “ADMINISTRATIVE AND GOVERNMENT LAW”
TITLE | MAIN ISSUES |
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ALAPIKI V THE GOVERNOR OF RIVERS STATE
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GOVERNMENT AND ADMINISTRATIVE LAW – LEGAL PERSONALITY – Office of State Governor – Legal personality of – Distinction between the office and the holder thereof. ADMINISTRATIVE LAW:- Action against State Governor for wrongful termination – Governor relying on Public Officers (Protection) Law – Whether law applies to cases founded on contract ADMINISTRATIVE LAW:- Action against State Governor for wrongful termination of appointment – Governor relying on Public Officers (Protection) Law – Absence of any law empowering Governor to terminate appointment – Whether termination a public duty protected by law |
ALITALIA AIRLINES LTD. V F.B.I.R.
| ADMINISTRATIVE AND GOVERNMENT LAW:- Tax assessment – Foreign aviation company – How treated |
ALHAJI SHEHU ABDUL GAFAR V. THE GOVERNMENT OF KWARA STATE & OTHERS
| GOVERNMENT AND ADMINISTRATIVE LAW – INVESTIGATIVE PANELS:- Use of investigative panels which outcomes affect rights and interests of people – Statutes purporting to oust the jurisdiction of courts to hear suits arising therefrom – How treated |
ALL PROGRESSIVES CONGRESS v. PEOPLES DEMOCRATIC PARTY & ORS.
| GOVERNMENT – LEGISLATURE: Powers of the Legislature over the impeachment – validity of an appointment of an Acting Chief Judge made by a State House of Assembly – legal effect of a verdict returned by a panel set up by a State House of Assembly towards the impeachment of a Governor GOVERNMENT – PUBLIC INSTITUTION – CODE OF CONDUCT BUREAU: Weakness of law enforcement units of public institutions – failure of the Code of Conduct and other applicable law enforcement units to prosecute a Governor impeached for alleged breach of the Code of Conduct for Public Officers prescribed by the Constitution |
AMAEFULE V. THE STATE
| ADMINISTRATIVE LAW:- Judicial control of discretionary power – Attorney- General – Powers under the Constitution – 5.191, 1979 Constitution – Executive discretion of Attorney-General as a minister |
| GOVERNMENT AND ADMINISTRATIVE LAW – POLICE:- Need for security men who bear arms to exercise maximum restraint in the use of the weapons assigned to them in order not to ‘endanger the lives of the citizens that they are employed to protect’ – Effect of failure thereto |
ANRETIOLA V LABIYI
| ADMINISTRATIVE LAW:- Governmental acts done under a void Edict – Effect thereof. |
| ADMINISTRATIVE LAW – Statutory power – Delegation of – Power conferred on “appropriate authority” by Public Officers (Special Provisions) Decree No. 17 of 1984 – How delegated – Whether method of delegation exhaustive. |
ANYIAM v. THE QUEEN |
POLICE PROCEDURE: Bribery and corruption – Improper way of prosecuting a police man for bribery and corruption |
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GOVERNMENT AND ADMINISTRATIVE LAW:- Governance and constitution of membership of a university in Nigeria – Powers/functions of Senate and Council – Role of the Establishment Act of the University in ascertaining same – Appointment of non-academic staff of university by Council – Whether makes such appointee a public officer |
ARBICO NIGERIA LIMITED Vs NIGERIA MACHINE TOOLS LIMITED
| GOVERNMENT AND ADMINISTRATIVE LAW – QUASI-JUDICIAL PANELS OF INQUIRY:- Need to observe rules of fair hearing – Pillars – nemo debet esse judex in propria causa – Meaning of – How determined
GOVERNMENT AND ADMINISTRATIVE LAW – ADMINISTRATIVE PANELS OF INQUIRY:- Membership of panel and allegation of likelihood of bias – How determined – Pecuniary interest as the commonest and the most offensive type of disqualifying interest – Duty of court where same is proved |
ARCHIBONG UMO UDO V. CROSS RIVER STATE NEWSPAPER CORPORATION
| GOVERNMENT AND ADMINISTRATIVE LAW – ADMINISTRATIVE PANELS OF INQUIRY:- Need to observe rules of fair hearing – Pillars – nemo debet esse judex in propria causa – Meaning of – How determined |
| GOVERNMENT AND ADMINISTRATIVE LAW – CHIEFTAINCY MATTER:- Minor chief – Appointment of-Decision of prescribed authority in respect of – Party aggrieved thereby – Remedies available thereto – Section 22(5), (6) and (7), Chiefs Law of Ondo State, 1978. |
AROYEWUN V ADEDIRAN |
GOVERNMENT AND ADMINISTRATIVE LAW – CHIEFTAINCY MATTER:- |
ADMINISTRATIVE LAW:- Tribunal of inquiry – Status and powers of vis-à-vis superior court of record | |
ASERE V ASERE |
ADMINISTRATION OF ESTATES:– Grant of letters of administration – Who is entitled – Factors to consider |
ATTORNEY-GENERAL OF ADAMAWA STATE AND ORS. V ATTORNEY-GENERAL OF THE FEDERATION AND ORS. | GOVERNMENT AND ADMINISTRATIVE LAW
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AZUOKWU V NWOKANMA |
ADMINISTRATIVE LAW:- Prerogative writs – Certiorari – Application therefor – Procedure applicable |
BAGGS v. LONDON GRAVING DOCK COMPANY, LIMITED.
| GOVERNMENT AND ADMINISTRATIVE LAW – MILITARY SERVICE AND LAW:- Injured workman conscripted for military service – Effect on claim for compensation for partial or full incapacity to seek suitable employment – Admissibility of letter from Commanding Officer regarding state of disability of conscripted soldier – Earnings and allowances of a soldier conscripted after being deemed partially or fully incapable of work – Whether relevant considerations for workmen compensation proceedings |
BAKARE V NIGERIAN RAILWAY CORPORATION |
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ADMINISTRATIVE AND GOVERNMENT LAW:- Rules of natural justice – Bindingness of on administrative bodies | |
BALOGUN V ODE |
ADMINISTRATIVE AND GOVERNMENT LAW:- Tribunal of inquiry – Decision of – Whether could strip court of jurisdiction |
BAMGBOYE v. UNIVERSITY OF ILORIN
| ADMINISTRATIVE LAW:- Delegated power – Whether can be delegated to another person
ADMINISTRATIVE LAW:- Delegation of power – Disciplinary functions – Whether delegatee. ADMINISTRATIVE LAW:- Delegation of power – Effect thereof ADMINISTRATIVE LAW:- Delegation of power – Right of delegating authority to control, resume or revoke the power |
BANK OF AFRICA, LIMITED v THE COLONIAL GOVERNMENT
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GOVERNMENT AND ADMINISTRATIVE LAW:- Law of the Cape of Good Hope – Act 6 of 1864, sect. 9 – Construction – Bank-Notes in circulation or outstanding |
BASHIR ALADE SHITTA-BEY V. THE FEDERAL PUBLIC SERVICE COMMISSION
| GOVERNMENT AND ADMINISTRATIVE LAW:- Exercise Of Discretion By Administrative Body: Where a public body is vested with power – Whether extends to discretion to choose whether to do or not to do that act – Power to act ministerially distinguished from power to act judicially
GOVERNMENT AND ADMINISTRATIVE LAW – MANDAMUS:- Nature of order – Conditions precedent for its issuance – Cases where there exist alternative legal remedies – Justification for the issuance of the order of mandamus regardless – Whether proper order to be made where a person is disposed any office or function which draws after it temporal rights |
BENSON V ONITIRI
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ADMINISTRATIVE LAW:- Notice of resignation – Notice of resignation – When it takes effect – Validity of receipt and acceptance on behalf of Minister by Permanent Secretary – When Effective. ADMINISTRATIVE LAW – PUBLIC CORPORATIONS:- Validity of a notice of appointment as additional member to Board which failed to state duration or purpose |
BIISHI V THE JUDICIAL SERVICE COMMITTEE
| ADMINISTRATIVE LAW:- Domestic tribunals – Minor or trivial criminal offences in master and servant relationship – Whether competent to determine.
ADMINISTRATIVE LAW:- Judicial powers – Non-judicial bodies – Whether competent to exercise .judicial powers ADMINISTRATIVE LAW:– Non-judicial bodies – Whether competent to decide in criminal offences |
BOARD OF CUSTOMS AND EXCISE V BARAU
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GOVERNMENT AND ADMINISTRATIVE LAW– CUSTOMS:- Offences under the Custom and Excise Management Act 1955 – Ignorance of the law – Customs and Excise Management Act 1958 – Whether a defence GOVERNMENT AND ADMINISTRATIVE LAW– CUSTOMS:- Reversal of traditional idea of burden of proof – s.168 of the Customs and Excise Management Act 1958 – Shift of the burden to the accused person – placing against accused person a presumption of mens rea in the charge against him under the Act – Effect and constitutionality |
BOARD OF CUSTOMS AND EXCISE V OKORO
| GOVERNMENT AND ADMINISTRATIVE LAW:- Import prohibition – Proof of – Prosecutor – Right to amend charges relating to economic offences |
BONSOR V MUSICIANS’ UNION
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GOVERNMENT AND ADMINISTRATIVE LAW – LEGISLATURE:- Competence of the legislature to give to an association of individuals which is neither a corporation nor a partnership nor an individual a capacity to own property, act by agents, and employ servants which can inflict injury – Whether such capacity in the absence of express enactment to the contrary involves the necessary correlative liability of being suable in a court of law for injuries purposely done by its authority and procurement |
| ADMINISTRATIVE LAW:- Bias – Meaning of – Allegation of bias – How proved |
C.I.C.OF ARMED FORCES V PUBLIC SERV. COMM. MW
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ADMINISTRATIVE LAW:- Prerogative order of certiorari – Application for – Scope of – Breach of principles of natural justice – Respondents removing applicant from force without fair hearing – Duty of court in such circumstances |
CANNOCK CHASE DISTRICT COUNCIL Vs. KELLY
| ADMINISTRATIVE LAW:- Housing – Local authority houses – Management – Abuse of powers – Defence to claim for possession – Pleading – Taking into account irrelevant factor or omitting to take into account relevant factor – Claim for possession on expiry of notice to quit – Tenant pleading defence of abuse of power in that authority had failed to take into account all relevant considerations – Tenant not particularising the consideration not taken into account – Evidence establishing that tenant was a good tenant and was not in breach of tenancy – Whether proper defence pleaded – Whether tenant required to particularise allegation of abuse of power – Whether proof that tenant a good tenant justifying inference that notice to quit unreasonable and abuse of power. |
DAILY TIMES (NIG.) PLC. V. AKINDIIJ
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ADMINISTRATIVE LAW – PUBLIC OFFICERS – Public officer – Grounds on which may be dismissed – Section 1 of the Public Officers (Special Provisions) Act, 1990. |
| GOVERNMENT AND ADMINISTRATIVE LAW:- Police – Execution of duty – Entry upon premises without search warrant – Refusal to leave when asked – Assault arising therefrom – How treated |
DENLOYE V. M. & D.P.D.C.
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ADMINISTRATIVE LAW:- Tribunal of enquiry – Medical practitioner – Misconduct – appellant not informed of the nature of evidence against him – Whether a denial of justice occasioned – Where professional conduct of practitioner amounts to a crime – Proper treatment of |
DESMOND AICHENABOR v. THE STATE
| GOVERNMENT AND ADMINISTRATIVE LAW – POLICE:- Duty of investigation – Identification parade – Proper procedure – Effect of failure thereto |
DR OBO V COMMISSIONER FOR EDUCATION BENDEL STATE
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ADMINISTRATIVE LAW – FAIR HEARING:- Termination of statutory employment without following standards rules and regulation – When not a breach of fair hearing – Extended absence from work without permission – Effect |
DR. DARU & ORS v. BARRISTER IBRAHIM AMINU UMAR (2)
| GOVERNMENT AND ADMINISTRATIVE LAW:- Public healthcare delivery – Doctor providing medical care in any form to a patient – Legal nature of – Whether considered part of management and administration of the hospital instead of doctor-patient relations – Implication for justice administration |
E.O. AMODU V J.O. AMODE & ANR |
GOVERNMENT AND ADMINISTRATIVE LAW:- |
E.P IDERIMA v RIVERS STATE CIVIL SERVICE COMMISSION
| GOVERNMENT AND ADMINISTRATIVE LAW:- Civil Service Rules – Nature and Effect on employment of civil servant on pensionable cadre – Failure to comply therewith by Civil Service Commission in disciplinary action against civil servant – Effect of
GOVERNMENT AND ADMINISTRATIVE LAW – CIVIL SERVICE: – Dismissal of civil servant and determination of employment on ground of misconduct – Need to distinguish from other types of employment – Need to adhere strictly to the statutory procedures for same – Effect of failure to comply therewith |
ELEMCHUKWU IBATOR V. CHIEF BELI BARAKURO |
ADMINISTRATIVE AND GOVERNMENT LAW:- |
| ADMINISTRATIVE LAW:- Ezeship stool in Imo State – Right of succession thereto – Source of- Section 5(1), Traditional Rulers and Autonomous Communities Law No. 11 of 1981 – Effect |
EMMANUEL ATUNGWU & ANOR V. ADA OCHEKWU
| GOVERNMENT AND ADMINISTRATIVE LAW – ORDER OF MANDAMUS:- Meaning – As a writ issuing from a court of competent jurisdiction, commanding an inferior tribunal, board, corporation or a person to perform a purely ministerial duty imposed by law – Effect |
ADMINISTRATIVE LAW:- Statutory Power-Power conferred by a statute – How exercised – Whether can be delegated. | |
ERASTUS OBIOHA VS IYIBO KIO DAFE |
ADMINSTRATIVE LAW:- Duty to act in accordance to statute conferring power on public functionary |
EROKORO V. GOVERNMENT OF CROSS RIVER STATE
| GOVERNMENT AND ADMINISTTRATIVE LAW – LEGAL PERSONALITY:- Attorney-General – Whether can be sued on behalf of Government |
E.P IDERIMA v RIVERS STATE CIVIL SERVICE COMMISSION
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GOVERNMENT AND ADMINISTRATIVE LAW: – Civil Service Rules – Nature and Effect on employment of civil servant on pensionable cadre – Failure to comply therewith by Civil Service Commission in disciplinary action against civil servant – Effect of GOVERNMENT AND ADMINISTRATIVE LAW – CIVIL SERVICE: – Dismissal of civil servant and determination of employment on ground of misconduct – Need to distinguish from other types of employment – Need to adhere strictly to the statutory procedures for same – Effect of failure to comply therewith |
ADMINISTRATIVE LAW:- Federal Capital Territory – Procedure for acquiring land or allocation of land – Competent authority | |
F. C. D. A. v. SULE
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ADMINISTRATIVE LAW:- Public Officers (Special Provisions) Decree No. l7 of 1984 – Application of in removal of public officer from office – Duty on governmental organ applying same to art with care, seriousness, humaneness and responsibility ADMINISTRATIVE LAW:- Termination of appointment of a public officer – Approval of by appropriate authority – Whether can he implied – Section 4(2)(ii) of Public Officers (Special Provisions) Decree No. 17 of 1984. |
FARID KHAWAN v. COMPTROLLER OF CUSTOMS
| GOVERNMENT AND ADMINISTRATIVE – CUSTOMS :- Suit brought at the instance of the Comptroller of Customs claiming certain penalties and also the forfeiture of certain valuables – Ascertainment of value of seized diamond – Evidence of experts – How treated |
FAWEHINMI V AKILU AND ANOTHER.(1) |
ADMINISTRATIVE LAW:- Mandamus – Application for leave to apply |
FEDERAL MILITARY GOVERNMENT V SANI | ADMINISTRATIVE AND GOVERNMENT LAW:- Seizure of goods – |
FEDERAL UNIVERSITY OF TECHNOLOGY, MINNA & ORS v. DR. (MRS) ADAEZE G.N.C. OKOLI
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GOVERNMENT AND ADMINISTRATIVE LAW – UNIVERSITY:- – Suit against a Federal University – Whether the Attorney General is a necessary party – Joinder of University along with its principal officers as defendants of a suit against a university – Applicability of Section 2(a) of Cap 168 Public Officers Protection Act – Limitation period for bringing a suit against a public officer – Whether applicable to officers who acted in bad faith – Whether the Vice-Chancellor of a federal university or the Registrar possesses any power under the provisions of University’s Establishment Act to terminate the appointment of a teaching staff of the University without recourse to the Council |