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: CASES ON “ADMINISTRATIVE AND GOVERNMENT LAW”
| TITLE | MAIN ISSUES |
|---|---|
| ADMINISTRATIVE LAW:- Person validly selected to the chieftaincy stool – Whether has vested right in a chieftaincy stool – Relevant considerations | |
| NDI OKEREKE ONYUIKE v. THE PEOPLE OF LAGOS STATE & ORS | GOVERNMENT AND ADMINISTRATIVE LAW – LEGAL PERSONALITY:- Meaning – Effect and legal purposes – Kinds of – Whether legal personality is an issue of jurisdiction |
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| ADMINISTRATIVE LAW AND GOVERNMENT – STATUTORY CORPORATION – ELECTRICITY DISTRIBUTION COMPANY:- Nature of duty conferred on the National Electric Power Authority pursuant to Act No. 24 of 1972 – Acts done pursuant thereto – When will result in presumption of negligence for liability arising therefrom |
| NEW NIGERIA BANK LTD. V OBEVUDIRI | ADMINISTRATIVE LAW:- Administrative Tribunals – Procedural breach – Effect on findings |
| GOVERNMENT AND ADMINISTRATIVE LAW:- | |
| NIGERIA DEPOSIT INSURANCE CORPORATION V. UNION BANK OF NIGERIA PLC. & ANOR. | GOVERNMENT AND ADMINISTRATIVE LAW – STATUTORY BODY – NIGERIAN DEPOSIT INSURANCE CORPORATION: Status of the Nigerian Deposit Insurance Corporation as statutorily designated provisional liquidator vis a vis companies it is liquidating or managing – Whether NDIC is a privy of a company of any company it is liquidating – Where the NDIC derives its powers to act as a provisional liquidator |
| GOVERNMENT AND ADMINISTRATIVE LAW – DISCIPLINARY TRIBUNAL:- | |
| NIGERIA PORTS AUTHORITY V. AKAR | GOVERNMENT AND ADMINISTRATIVE LAW:- Legislation – Federal Ports Ordinance (or Act) (cap. 155), s.91. – Bailment – Loss of goods – Liability of bailee – Effect of statutory protection for Ports Authorit |
| NIGERIAN NATIONAL PETROLEUM CORPORATION V. FAMFA OIL LIMITED & ANOR | GOVERNMENT AND ADMINISTRATIVE LAW: Administration of interests in natural resources- |
| NKWI V PANKSHIN LOCAL GOVERNMENT | ADMINISTRAIVE LAW – LOCAL GOVERNMENT:- Action against – Service of Statutory notice – Onus of proof. ADMINISTRATIVE LAW – LOCAL GOVERNMENT:- Whether a legal person -1979 Constitution, Section 7. |
| ADMINISTRATIVE LAW:— Fair hearing –Application to set aside judgment of trial court on ground of allegation of want of fair hearing – When appellate court can set same aside – Guiding principles | |
| OBAYUWANA V. GOVERNOR OF BENDEL STATE & ANOR. |
ADMINISTRATIVE LAW:- Power to appoint, remove and exercise disciplinary control of judicial officer – When vested in Judicial Service Commission of a State – Where exercised by the State Governor – Validity thereof |
| ADMINISTRATIVE LAW – COURT MARTIAL – Constitution of – Whether a Judge Advocate is a member of a Court Martial ADMINISTRATIVE LAW – COURT MARTIAL:-Constitution of- Whether a liaison officer is a member of a Court Martial | |
| OBOT V. THE STATE | GOVERNMENT AND ADMINISTRATIVE LAW – PUBLIC INSTITUTION – POLICE:- Job description of an Investigating Police Officer |
| GOVERNMENT AND ADMINISTRATIVE LAW: Decision made in full compliance with statutory law – Whether moral considerations can be used to upstage it – ejection of elderly licensee from shop after 20 years of compliance because of failure to pay one month in stallage in advance – How treated | |
| GOVERNMENT AND ADMINISTRATIVE LAW – PUBLIC INSTITUTIONS – CUSTOMS: Acts capable of defrauding the customs – How proved – Need for genuine document in clearing goods from customs | |
| ODUNSI AND OTHERS V. ODUNSI | GOVERNMENT AND ADMINISTRATIVE LAW:- Order of Mandamus – Duty enjoined by law to be performed by a public officer – Where that officer neglects to carry out such a duty – Right of an aggrieved person to seek for an order of mandamus to compel that officer to carry out such duty |
| GOVERNMENT AND ADMINISTRATIVE LAW:- Land – Communally owned large tracts of land – Dispute over title to land – Role of government agencies thereto | |
| OGBE V THE CHIEF JUSTICE E.C.S. |
ADMINISTRATIVE LAW:- Prerogative writs – Certiorari – Order nisi of – Decision of Judge in chambers |
| ADMINISTRATIVE LAW:- Enforcement of right – Method prescribed by enabling lair – Need to so icily comply with | |
| OGUGUA UKWA & ORS . V. AWKA LOCAL COUNCIL & ORS. | GOVERNMENT AND ADMINISTRATIVE LAW: – Local government council – Whether could not inherit land from its predecessor in view of section 235 of the Eastern Region Local Government Ordinance (No. 16 of 1950) and section 221 of the Eastern Region Local Government Law (E.R. No. 26 of 1955) – Right of a newly established Council over lands held by a previous Council or Native Authority constituted within the area of authority of the new Council GOVERNMENT AND ADMINISTRATIVE LAW: – Local authority – Exercise of powers – When ultra vires the power of the Council – Whether necessarily illegal in the sense in which illegality is used in the law of contract namely, contrary to public policy or the clear prohibition of a Statute – Whether the words “Ultra Vires” and “Illegality” represent totally different and distinct ideas – Whether it is possible for an act to have both defects or have one without the other – Distinction |
| ADMINISTRATIVE LAW:- Application for order of certiorari – Refused – No substance in complaint | |
| OGUNSAN V FRANCIS IWUAGWU | ADMINISTRATIVE LAW:- Public Officers’ Protection – Limitation of time for bringing action – Proceedings not taken within three months – Effect – Extinguishing of Cause of action – Whether all joint-tort feasors entitled to protection – Public Officers’ Protection Act Cap. 168 S.2 in review |
| GOVERNMENT AND ADMINISTRATIVE LAW – FEDERAL HIGH COURT:- Document of title over a piece of land – Whether is collaterally linked to land and can be any of the issues connected with the civil jurisdiction of the Federal High Court | |
| OPUTA V THE DIRECTOR OF AUDIT (W.R)
| ADMINISTRATIVE LAW:- Administrative tribunal – Denial of oral hearing – Whether amounts to denial of natural justice ADMINISTRATIVE LAW:- Minister acting as Administrative Tribunal – Whether bound to follow Court procedure. |
| GOVERNMENT AND ADMINISTRATIVE LAW – POLICE:- Rogue Police – policemen abusing their privileges to commit heinous crime – Murder, arson and armed robbery – Attitude of court thereto | |
| OYEFOLU VS. DUROSINMI | ADMINISTRATIVE LAW:- Chieftaincy Declaration – Binding effect of same on parties seeking nomination to a Chieftaincy stool |
| ADMINISTRATIVE LAW:- Tribunals – Administrative Officer conducting enquiry under Inter-Tribal Boundaries Settlement Law (formerly Ordinance) – Right of independent and impartial hearing – Disqualification for bias. | |
| OYEYEMI V COMMISSIONER FOR LOCAL GOVT. | ADMINISTRATIVE LAW:- Administrative body or inquiry – Whether bound to observe the rules of natural justice – Relevant considerations ADMINISTRATIVE LAW:- Administrative inquiry – Requirement of fair hearing thereat -What elements must be present ADMINISTRATIVE LAW:- Deposition and withdrawal of recognition of a chief – Condition precedent thereto – Chiefs (Appointment and Deposition) Law. Cap. 20 Laws of Northern Nigeria, sections 3(2) and 6 – Scope of power of Governor thereunder |
| ADMINISTRATIVE LAW:- Public Officers -Public Officers Protection Law, Oyo State Cap. 106 section 2 – Criminal Liability of Public Officers – Whether excluded by Public Officers Protection Law | |
| SANTOS M. BATALHA V. WEST CONSTRUCTION COMPANY LIMITED | GOVERNMENT AND ADMINISTRATIVE LAW – PUBLIC POLICY:- Illegality of contract – Requirement that courts not lend its power to enforce same – Justification and purpose of – Whether can be appropriated by defendant who benefited under the contract and wants to defeat performance of his obligation thereunder |
| ADMINISTRATIVE AND GOVERNMENT LAW:- Code of Conduct Tribunal – Nature of – Whether a judicial body or quasi-judicial one – Whether vested with criminal jurisdiction or merely administrative one – Proper quorum for its sitting – :- Provisions of paragraph 15(1) of the 5th schedule to the 1999 Constitution – Section 20(1) and (2) of Cap C15 of LFN 2004 – How treated | |
| SERAH EKUNDAYO EZEKIEL V. ATTORNEY GENERAL OF THE FEDERATION |
GOVERNMENT AND ADMINISTRATIVE LAW – NAPTIP:- Prosecutorial powers of the agency under its establishment law, the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act 2003 Cap T 23 Vol.14 Laws of the Federation of Nigeria – Whether an officer of NAPTIP can properly sign the counts of charge filed against an accused person under the Act – Section 4, 9(2) and 60 (1), (2) and (3) of the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act in review |
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| GOVERNMENT AND ADMINISTRATIVE LAW – POLICE AND MILITARY:- Junior Police Officer – Whether bound to obey an order from his Superior Officer even if such an order is manifestly unlawful – Soldier during war and peace time – Whether a soldier is responsible by military and civil law and it is monstrous to suppose that a soldier could be protected when the order is grossly and manifestly illegal |
| TAIYE OSHOBOJA v. ALHAJI SURAKATU AMIDA & ORS |
GOVERNMENT AND ADMINISTRATIVE LAW – LITIGATION: Public policy interest that there should be an end to litigation – Doctrine of ‘interest reipublicae ut sit finish’ – Attitude of court thereto |
| THE EXECUTIVE GOVERNOR OF OSUN STATE & ORS v. IREWOLE LOCAL GOVERNMENT, IKIRE & ORS. | GOVERNMENT AND ADMINISTRATIVE LAW: Registered Chieftaincy declaration made as a subsidiary legislation to the Chiefs Laws, 1957 – Validity thereof having regards to the fact that the said parent legislation is no longer operational – Role of prescribed authority in administering chieftaincy declarations – limits |
| THE NIGERIA ARMY V. SGT. ASANU SAMUEL & ORS. |
GOVERNMENT AND ADMINISTRATIVE LAW – MILITARY LAW:- General Court Martial – Appeal arising therefrom – How treated |
| THE REGISTERED TRUST OF NACHPON & ORS. V. MEDICAL & HEALTH WORKERS UNION OF NIGERIA & ORS. | GOVERNMENT AND ADMINISTRATIVE LAW:- |
| TRAVEL AND HOLIDAY CLUBS, LTD., RE, |
ADMINISTRATIVE AND GOVERNMENT LAW:- Board of Trade – s 169(3) of the 606 Companies Act, 1948 – Application for an order for the compulsory winding-up of a private company |
| ADMINISTRATIVE LAW:- Statute conferred power – Public Official – Duty of – Statutory Powers – Whether can be exercised outside prescribed mode | |
| UKWA V. AWKA LOCAL COUNCIL & ORS. |
GOVERNMENT AND ADMINISTRATIVE LAW:- Legislation – Eastern Nigeria – Local Government Law (1963 Laws of Eastern Nigeria cap. 79), s.219. – Review of |
| GOVERNMENT –JUDICIARY – CORRUPTION AND ABUSE OF OFFICE:- Election Petition Chairman and members indicted for corruption and removed from office – Effect on outcome of election petition for which bribe was allegedly given | |
| UNIILORIN V OLUWADARE
| GOVERNMENT AND ADMINISTRATIVE LAW – UNIVERSITY – Disciplinary measures for breach of University regulation – Remedies available to victims at domestic forum of the University – Where not exhausted – Whether victim can seek redress in court. GOVERNMENT AND ADMINISTRATIVE LAW – UNIVERSITY – Disciplinary powers of a University – Scope of – Exercise of- Limits thereto. GOVERNMENT AND ADMINISTRATIVE LAW – UNIVERSITY- University administration-Powers of in maintaining discipline and order in the University – Scope of-Attitude of court thereto. |
| ADMINISTRATIVE LAW:– Accusation bordering on criminality – Whether must first be tried in Court before disciplinary action can be taken in respect of | |
| UNIVERSITY OF ILORIN V. OYALANA | GOVERNMENT AND ADMINISTRATIVE LAW – ESTABLISHMENT STATUTE:– University of Ilorin Act, section 17 – power of the Vice-Chancellor of the University to punish a student for misconduct – Whether it empowers the Vice-Chancellor to punish a student where the alleged misconduct involves a crime against the state – Garba AND Ors. v. University of Maiduguri (1986) 1 NWLR (Pt. 18) 550 followed. |
| GOVERNMENT AND ADMINISTRATIVE LAW – STATUTORY BODIES:- Universities – Award of degrees and release of result – Proper body seised with power thereto – How determined – Standard for exercise of power – Whether at whim and caprices of personnel charged with leadership of university – Court – Whether has jurisdiction thereto GOVERNMENT AND ADMINISTRATIVE LAW – STATUTORY BODIES:- Universities – Rule that the courts have no jurisdiction to interfere in the internal or domestic matters of a University as such matters are within the exclusive province of the Senate of the University and the visitor – Where it becomes clear that in resolving domestic disputes, the University is found to have breached the civil rights and obligations of the student thereby raising issues of public import – Legal implication for the question of jurisdiction of court thereto – Akintemi & Ors. v. Onwamechili & Ors. (1985) SC Vol. 16 P. 45. in review | |
| GOVERNMENT AND ADMINISTRATIVE LAW:- Natural justice – Whether observance necessary in an inquiry | |
| VINE v. NATIONAL DOCK LABOUR BOARD | GOVERNMENT AND ADMINISTRATIVE LAW:- Exercise of statutorily delegated judicial or quasi-judicial powers – Whether can be delegated to another administrative person/body – Validity of decisions reached pursuant to an invalid delegation of quasi-judicial body |
| GOVERNMENT AND ADMINISTRATIE LAW – MILITARY AND LAW:- Veterans of past military campaigns discharged on health grounds – Mentally disabling infirmities – Implications for society and law enforcement | |
| WILLIAMS V. KAMSON | GOVERNMENT AND ADMINISTRATIE LAW:- Compulsory Acquisition of land – Basis for the award of compensation payable on a compulsory acquisition of a factory or a business house – Whether award could be made for disturbance – Public Lands Acquisition Act (Cap. 167) S.15 |
| ADMINISTRATIVE LAW:- Disciplinary proceedings against public officer – Dismissal pursuant to findings of Public Service Commission – Non-application of rules of natural justice – Whether dismissal valid. | |
| X v SECRETARY OF STATE FOR THE HOME DEPARTMENT | ADMINISTRATIVE AND GOVERNMENT LAW:- Secretary of State – Whether entitled to remove mentally ill patient detained in hospital by using powers under Immigration Act 1971 instead of powers under Mental Health Act 1983 – Whether policy of using Immigration Act 1971 fettered Secretary of State’s discretion – Whether removal would violate Art 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 |
| GOVERNMENT AND ADMINISTRATIE LAW – MILITARY LAW:– Court Martial – section 141 Armed Forces Decree No. 105, 1993 – purport of same on finding of facts. GOVERNMENT AND ADMINISTRATIE LAW – MILITARY LAW:– General Court Martial – convening order of – Whether can be by addendum – Section 133 – 135 of Armed Forces Decree No. 105, 1993 considered | |
| YEROKUN V ADELEKE | ADMINISTRATIVE LAW:- Public Service of the Federation –How valid appointment and applicable tenure is determined – Office of Senior Assistant Registration Officer – Power of Governor-General to appoint delegatee |
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
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