PROCEDURAL STEPS ON ASSESSMENT AND VERIFICATION IN FILING COURT PROCESSES IN THE FCT
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
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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FLIGHT LIEUTENANT OTU EDET V. CHIEF OF AIR STAFF AND ATTORNEY-GENERAL OF THE FEDERATION | ADMINISTRATIVE LAW: Compulsory retirement of Air Force Officer: Conditions enabling |
| FORESTRY RESEARCH INSTITUTE OF NIGERIA V. MR. I. A. ENAIFOGHE
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GOVERNMENT AND ADMINISTRATIVE LAW – STATUTE BARRED ACTION:- Action against a government entity/agent – Failure to bring action within the time prescribed by the Public Officers Protection Act – When deemed statute barred – Implication for court jurisdiction |
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| GOVERNMENT AND ADMINISTRATIVE LAW: Public Holidays – Licensing Acts – Sunday Closing (Wales) Act, 1881 (44 & 45 Vict. c. 61) – “Christmas Day and Good Friday.” – statutory closure of intoxicating liquor retail outlets – How treated |
| FRANCIS ADESEGUN KATTO V CENTRAL BANK OF NIGERIA II
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GOVERNMENT AND ADMINISTRATIVE LAW – APPROPRIATE AUTHORITY:- Where a statute prescribes that a power be exercise by an authority or person delegated by him – Whether mere claim by third person as acting under such delegation without proof is enough – GOVERNMENT AND ADMINISTRATIVE LAW – REGULATION:- Distinction between a Regulation conforming to an instrument made pursuant to an enabling Statute of a statutory body and rules of the same body merely designated as ‘regulations’ |
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FRANCIS ADESEGUN KATTO V. CENTRAL BANK OF NIGERIA
| GOVERNMENT AND ADMINISTRATIVE LAW – DELEGATED AUTHORITY:- Action alleged to have been carried out under delegated authority – How proved – Onus of proof – Nature of evidence that suffices |
| FRANCIS C. ARINZE V FIRST BANK OF NIGERIA LTD.
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ADMINISTRATIVE LAW – FAIR HEARING AND HEARING PROCEEDINGS:- Administrative proceedings – Right to fair hearing – Party to be affected directly by disciplinary proceedings – Need to be given adequate notice of allegation against him. |
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GALLOWAY V. THE MAYOR, COMMONALTY AND CITIZENS OF LONDON
| GOVERNMENT AND ADMINISTRATIVE LAW: Corporation – Public Improvements and infrastructure development – Railway Bills – Compulsory Powers – Agreement to sell land made before Act enabling its purchase. |
| GARBA & OTHERS V. UNIVERSITY OF MAIDUGURI
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GOVERNMENT AND ADMINISTRATIVE LAW – likelihood of bias: Whether likelihood of bias can be inferred in consideration of the appellant’s case from the fact that the Chairman of the Investigating Panel who was the Deputy Vice-Chancellor and was also a victim of the rampage |
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GOVERNOR OF KWARA STATE V. OJIBARA
| GOVERNMENT AND ADMINISTRATIVE LAW:- State executive bodies – State Civil Service Commission; State Independent Electoral Commission and State Judicial Service Commission -Membership of-Nature and tenure of – Removal of member from office – Procedure and grounds therefor |
| GOVERNOR-IN-COUNCIL V OSHUNLAJA
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ADMINISTRATIVE LAW:- Executive action under a law ousting court inquiry – irregularity in the performance of executive duty – When the court can still invoke its inherent jurisdiction to quash or issue a certiorari against the executive decision or action ADMINISTRATIVE LAW:- Effect of failure to observe the audi alteram partem rule in the performance of administrative duties |
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HON. JUSTICE BABATUNDE ADEJUMO V. HON. JUSTICE P. N. C. AGUMAGU & ORS
| GOVERNMENT AND ADMINISTRATIVE LAW – PUBLIC INSTITUTION – NATIONAL JUDICIAL COUNCIL:- Suspension of a State Chief Judge – query and threat of removal from office for failure to abide by his oath of office to uphold the Constitution and Laws of the Federal Republic of Nigeria – application for judicial review by way of certiorari, prohibition, declaration and injunction – relevant considerations |
| HON. JUSTICE JUBRIL IDRIS & ANOR v. HON. JUSTICE P. N. C. AGUMAGU & ORS.
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GOVERNMENT AND ADMINISTRATIVE LAW – PUBLIC INSTITUTION – NATIONAL JUDICIAL COUNCIL:- Suspension of a State Chief Judge – query and threat of removal from office for failure to abide by his oath of office to uphold the Constitution and Laws of the Federal Republic of Nigeria – application for judicial review by way of certiorari, prohibition, declaration and injunction – Relevant considerations |
| GOVERNMENT AND ADMINISTRATIVE LAW – Council’s power to withhold pension when granted – Limited | |
| IBADAN CITY COUNCIL V. ODUKALE
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ADMINISTRATIVE LAW:- Action against Local Authority for damages for non-feasance – Refusal to grant permit – Onus of proof for nonfeasance – Distinction from incompetence ADMINISTRATIVE LAW:- Local Authorities – Malicious refusal to grant plaintiff bits permit – Onus on defendant council to show that chairman of its transport committee acted ultra vires his powers – Nonfeasance of statutory duty – Appropriate remedies – Whether action for damages |
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IGWILO V CENTRAL BANK OF NIGERIA
| ADMINISTRATIVE LAW:- Whether administrative body bound to follow strict practice and procedure of court of law – Entitlement of officer in pension able service who transfers service – Employments with statutory bodies – Whether automatically has statutory flavour – Termination of appointment of employee on probation and confirmed employee – On Difference in procedure for |
| INCORPORATED TRUSTEES OF NIGERIA ASSOCIATION OF GENERAL PRACTICE PHARMACISTS EMPLOYERS V. PHARMACISTS COUNCIL OF NIGERIA |
GOVERNMENT AND ADMINISTRATIVE LAW:- Powers conferred on a body via statute – Application to restrain exercise of same via interlocutory injunction based on affidavit evidence – Burden applicant must discharge – How treated by court |
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INSPECTOR GENERAL OF POLICE V. ALL NIGERIA PEOPLES PARTY & ORS.
| GOVERNMENT AND ADMINISTRATIVE LAW:- Nigerian Police – Interference with the right to Freedom of Expression and Assembly pursuant to Public Order Act through the requirement for prior issuance of permit – Constitutionality of – When improper – Whether Police must necessarily show that exercise of right not within the ambit of the law |
| IREM V. OBUBRA DISTRICT COUNCIL AND OTHERS
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ADMINISTRATIVE LAW:- Competent authority – Validity of a retrospective validation of a wrongful notice of termination – Whether power to terminate employment not expressly given can be inferred as inherent – Legislation – Eastern Region Local Government Law, SS.95, 98, 104 |
| JEREMIAH EGBOMA v. THE STATE
| GOVERNMENT AND ADMINISTRATIVE LAW– PUBLIC INSTITUTION – POLICE PROCDURE:- Duty to investigate a claim of alibi – Duty to make extra-judicial evidence available to accused person for his defence |
| JIDE ALADEJOBI V. NIGERIA BAR ASSOCIATION
| GOVERNMENT AND ADMINISTRATIVE LAW:- Lacuna in law – Statutory mandate to establish a body for a specific purpose – Where purpose for which body arises and body had not been established due to the default of neglect of the mandated authority – Where function is an intermediate step towards gaining access to a higher platform – Whether non-establishment of the body confers a right to access the next higher step – Implication for bodies with quasi-judicial functions which decisions may be appealed to superior courts – Proper order for court to make – How treated |
| GOVERNMENT AND ADMINISTRATIVE LAW – CHIEFTAINCY MATTERS:- | |
| JOHN AGBO V THE STATE
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GOVERNMENT AND ADMINISTRATIVE LAW: – Police management of perceived violation of traffic rules – Whether point blank shooting of driver for refusal to hand over car key is proper enforcement procedure – Attitude of court thereto |
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| GOVERNMENT AND ADMINISTRATIVE LAW: Payment to government as money had and received – Where no fraud is alleged – Whether interest not recoverable |
| JOMBO v. PEF
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GOVERNMENT AND ADMINISTRATIVE LAW – TERMINATION OF EMPLOYMENT:- Termination of employment pursuant to a disciplinary procedure – Where follows after letter of resignation had been rejected – Claims arising therefrom – How treated GOVERNMENT AND ADMINISTRATIVE LAW – EXERCISE OF AUTHORITY:- Appropriate authority prescribed by a statute for the performance of a duty – Where specifically related to a named officer/office or made ascertainable – Whether an action merely described as having been performed by the “Appropriate Authority” without more suffices |
| ADMINISTRATIVE AND GOVERNMENT LAW:- Disciplinary Committee of the General Medical Council | |
| KATAGUM AND OTHERS V. ROBERTS
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ADMINISTRATIVE LAW – Public Officers – Power under Pensions Act to retire a public officer who has attained the age of forty-five years – Not a disciplinary measure |
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| ADMINISTRATIVE LAW:- Prerogative writs – Control of quasi judicial tribunals – Writ of prohibition – When issuing – Judicial and non judicial powers – How determined – Courts and tribunals – When bound to act judicially – Rules of natural justice – Fair hearing – Rule against bias or likelihood of bias – Nemo juder rule – Audi alteram partem rule – When prohibition may lie to prevent infringement of rules of natural law. |
| LAW V NATIONAL GREYHOUND RACING CLUB LTD
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GOVERNMENT AND ADMINISTRATIVE LAW:- Quasi-judicial act of a non-public body – Whether subject to Judicial review of a court – Proper way for person aggrieved by said body’s decision to approach the court – whether by originating summons |
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| GOVERNMENT AND ADMINISTRATIVE LAW: – Public officer – Abuse of office – Acting outside of the scope of authority and office – Liability of statutory employers for wrongful acts of their employees – Unjustified disregard for legal processes in carrying out duties, arbitrariness, persecution and abuse of civil rights of individuals – Attitude of court thereto– When award of substantial/punitive damages would be appropriate
GOVERNMENT AND ADMINISTRATIVE LAW:- Powers of a statutory body – Need to determine same by reference to the establishment statute – Where body acted without authority – Rate collection by local council – Whether there is any law which empowers the Rates Enforcement Officers of the L.C.C. to carry out the duties of bailiffs of courts in executing writs of fifa – How treated |
| LAYANJU V. EMMANUEL ARAOYE
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ADMINISTRATIVE LAW:- Mandamus – Order and act done thereunder – Order made without jurisdiction – Order set aside – Act done left undisturbed. |
| Chieftaincy declaration – Making of-Where power in respect thereof resides. | |
| MALLAM JIMOH SALAWU VS MALLAM ALIYU A. YUSUF |
ADMINISTRATIVE AND GOVERNMENT LAW – CHIEFTAINCY MATTERS:- |
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| Traditional Rulers and Autonomous Communities Law, No. 11 of 1981 – Whether the appellant was qualified to be identified, selected, appointed, installed and presented as the Eze of Amaraku Community thereunder |
| MEMUDU LAGUNJU V OLUBADAN-IN-COUNCIL AND ANOTHER
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GOVERNMENT AND ADMINISTRATIVE LAW:- Appointment of Chief – Need for same to be in accordance with native law and custom – How determined – Whether Governor the sole judge – Jurisdiction of courts – Whether excluded – “Due inquiry” – Meaning GOVERNMENT AND ADMINISTRATIVE LAW:- Duties of Governor – Appointment and Deposition of Chiefs Ordinance, 1948, c. 12 of Nigeria (No. 14 of 1930 as amended by No. 20 of 1945), s. 2 (1) (2) |
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MERCHANTS BANK LTD. V FED. MIN. OF FINANCE
| ADMINISTRATIVE LAW:- Administrative Power – Statutory Exercise of power via a Ministerial Order – When the Court can interfere – Banking Ordinance, Cap 19, section 14. |
| MICHAEL OBIEFUNA V ALEXANDER OKOYE
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GOVERNMENT AND ADMINISTRATIVE LAW – Legislation – Public Officers Protection Act, (1958 Laws of the Federation, c.168), s.2 – Supreme Court (Civil Procedure) Rules, 1945 0.32, R.13 (in 1948 Laws, vol.x). |
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MIDLAND RAILWAY COMPANY V. THE LOCAL BOARD FOR THE DISTRICT OF WITHINGTON
| GOVERNMENT AND ADMINISTRATIVE LAW:- Public infrastructure financing – Road paving by adjoining land owners – When proper
GOVERNMENT AND ADMINISTRATIVE LAW: Local Government Acts – Notice of Action – Action brought after Time limited by Statute – Money paid under Mistake of Fact – Money received for Plaintiff’s use – Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 264. |
| MOHAMMED OLADAPO OJENGBEDE V. M.O. ESAN
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ADMINISTRATIVE LAW – Bias or likelihood of bias by a court – Allegation of – Proof of – Onus on party alleging – Relevant considerations. |
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| GOVERNMENT AND ADMINISTRATIVE LAW: Licensing Acts – Bonâ fide Traveller – Sale to, for Consumption off Licensed Premises – Licensing Act, 1874 (37 & 38 Vict. c. 49), s. 10. – Interpretation of statute |
| MR. OVUZORIE MACAULEY & ORS V. MR. JOHN ATA & ORS
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GOVERNMENT AND ADMINISTRATIVE LAW – RELIEF FOR REFUGEES:- Internally displaced persons – Declaration that relief fund released for the payment of war refugees was not judiciously applied for the purpose – Declaration that the eviction of war refugees by government agents is unlawful – Relevant considerations – How treated |
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MRS. CHRISTIANA CHISA TAFRI & ANOR V. EXECUTIVE GOVERNOR OF RIVERS STATE & ANOR.
| GOVERNMENT AND ADMINISTRATIVE LAW: – Governor’s convoy – Death of a pedestrian occasioned by the convoy of a State Governor whose tenure was subsequently voided by the Supreme Court – Claim brought by bereaved widowed mother of deceased person to recover burial expenses and compensation for wrongful death after rejecting settlement proposals by the government – Good faith correspondences between principal agents of government and counsel of deceased person’s mother – Whether amounts to admission of guilt – Whether can override the onus on plaintiff to prove wrongful death – Effect of failure to discharge the onus for proving wrongful death |
| MRS E.A LUFADEJU V. EVANGELIST BAYO JOHNSON
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GOVERNMENT AND ADMINISTRATIVE LAW – POLICE:- Section 32 (1) (c) of the 1979 Constitution – Whether gave Police unbridled powers to deprive citizens of their liberty while the case against them was still investigated – Practice where police claim that investigations have been concluded and that the advice of the office of the Director of Public Prosecutions (DPP) is required before an information can be prepared during which period the accused must have to remain in custody – Propriety and legality thereof |
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MUNIRAT ODUNTAN V ABUDU W. AKIBU
| ADMINISTRATIVE LAW – Chieftaincy Declaration – Power of the Executive Council to review and amend same under Section 3 of the Oba and Chiefs of Lagos Edict, 1975 – When exercisable |
| MUSTAFA V MONGUNO LOCAL GOVERNMENT (2)
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ADMINISTRATIVE LAW – LOCAL GOVERNMENT:- Termination of Appointment of village head -Notice under section 176 of Local Government Law 1976 (Borno State) – Procedure for its invocation. |
JUDGMENTS OF NIGERIAN COURTS | |
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