SAM-ELEANYA POLICY, PRACTICE & PUBLISHING LAW REPORTS (3PLR) ELECTRONIC SERIES: COMPENDIUM OF CASES ON “ADMINISTRATIVE AND GOVERNMENT LAW”
|GOVERNMENT AND ADMINISTRATIVE LAW – ADMINISTRATIVE FIAT: Execution of administrative fiats by Heads of Court especially Chief Judges – Whether requires that cases are assigned to particular judges and not particular courts Judges assigned new courts carrying along with the the cases that were assigned to him from his previous court to the new court – Practice where chief Judges of High courts do sometimes withdraw one case or the other from one Judge to another of from one Judicial Division to another – Justification – Whether exercise of administrative fiat in transfer of judges are so notorious that appellate court take judicial notice of them
|A.G OF CROSS RIVER STATE V A.G OF THE FEDERATION
GOVERNMENT AND ADMINISTRATIVE LAW – BOUNDARY DISPUT: – Determination of boundary disputes – Resolution of disputes as to Local Government Area certain communities belong – Relevance of Boundary map made and approved by the President of the Federation when boundary dispute was subjudice – Revision of map – Relevant considerations
GOVERNMENT AND ADMINISTRATIVE LAW – BOUNDARY DISPUTE:- Transfer of communities from one Local Council to another – Validity – Powers of the National Boundary Commission over same vis a vis the powers of the Supreme Court over dispute resolution – How considered
|GOVERNMENT AND ADMINISTRATIVE LAW:- Federal Electoral Commission – Powers and function – Constitutional basis
GOVERNMENT AND ADMINISTRATIVE LAW:- Administrative Instructions issued by the national electoral body towards voters’ registration/revision exercise – Matters arising therefrom – Court with jurisdiction to hear same
|ABAMPA UGUONG V THE QUEEN
ADMINISTRATIVE AND GOVERNMENT LAW: – Accused not intending consequence of act – Issue of prerogative of mercy
|GOVERNMENT AND ADMINISTRATIVE LAW:- Local government Area – In whom resides control of staff of in terms of recruitment, transfer, promotion etc
GOVERNMENT AND ADMINSTRATIVE LAW:- Budget speeck – Whether possesses force of law
|ABDUL GAFAR V THE GOVERNMENT OF KWARA STATE
ADMINISTRATIVE LAW – Agency relationship – Kwara State government – Whether an agency of Federal Military Government
ADMINISTRATIVE LAW – Commission of enquiry – Power of State Government to set up – Source of
|ADMINISTRATIVE LAW – Judicial review – Duty of Supreme Court thereunder
ADMINISTRATIVE LAW – Judicial review – What it entails
|ABIA STATE UNIVERSITY V ANYAIBE(CA)
ADMINISTRATIVE LAW – Judicial powers in section 6(6) of the 1979 Constitution -Bodies that have competence to exercise -Administrative tribunal set up by a University – Whether has competence to try wrongs amounting to commission of crime.
|ADMINISTRATIVE LAW – Actions – Declaratory judgment – Discretionary – Discretion to be exercised judicially
|ABUAH IN RE
GOVERNMENT AND ADMINISTRATIVE LAW – PARDON:- Legal practitioner convicted of a crime and struck off the Roll of practicing lawyers – Subsequent grant of pardon by Administrator of the East-Central State to become a member of the ordinary citizenry – Whether relevant consideration in reviewing his application for readmission as a member of the Nigerian Bar
|ADMINISTRATIVE LAW – Certiorari – Dismissal of Police Officer for misconduct – Requirements of natural justice – Opportunity to know and meet case – Officer not given copy of written complaint or informed of evidence against him – How treated
|ADEJUMO V JOHNSON(HC)
|ADMINISTRATIVE LAW – Master and Servant – Unlawful dismissal – Breach of natural justice – Justifiable ground for dismissal existing – Whether it vitiates the dismissal.
|ADEKUNLE V UNIVERSITY OF PORT HARCOURT (CA)
ADMINISTRATIVE LAW:- Certiorari – Expulsion of students of higher learning for being members of banned fraternities – No evidence of banned fraternities – Whether certiorari will lie ADMINISTRATIVE LAW:- Certiorari – Use of to quash decision of Vice Chancellor expelling students of higher learning – Whether possible
ADMINISTRATIVE LAW:- Discipline of students by Vice-Chancellor – Duty to observe rules of natural justiceADMINISTRATIVE LAW:- Discretion conferred by statute – Statute requiring authority to be satisfied before exercise of discretion – Whether exercise of discretion reviewable
|ADMINISTRATIVE LAW AND GOVERNMENT: Police Brutality and criminal behaviour – Use of service rifle to rob households under threat of harm – Death arising therefrom – Proof of criminal liability
|ADENIYI V GOV. COUNCIL, YABA COLLEGE OF TECHNOLOGY
GOVERNMENT AND ADMINSTRATIVE LAW:- Doctrines of Election, waiver of rights or of estoppel – Whether can be used to defeat express stipulations of an existing law – Where the consequence is to convert an ultra vires act committed in breach of an enabling statutory provision into a valid act – Duty of court thereto
|GOVERNMENT AND ADMINISTRATIVE LAW:- Powers of Governor in land transactions before the coming into force of the Land Use Act – Mortgages before the Land Use Act, 1978 came into effect – Land Tenure Law of 1963 of Northern Nigeria as it is applicable to Kwara State – Power to grant consent or approval to mortgage etc. – Whether section 46(1) empowers the Governor in council or the minister in charge of land matters to delegate his powers under section 28 – How delegation is proved
|ADERAWOS TIMBER COMPANY LTD V. BALE ADEDIRE AND OTHERS
GOVERNMENT AND ADMINISTRATIVE LAW:- Authority to make concession for commercial exploitation of land administered as a statutorily established forest reserve – How determined – Original communal owners with statutorily reserved but limited rights in Forest Reserve – Locus standi to challenge such concession – How treated
|GOVERNMENT AND ADMINISTRATIVE LAW:- Distinction between the public services of the Federation and that of a State under the 1979 Constitution – Executive bodies – Appointments which constitutes disqualification for appointments into Executive bodies – Exceptions thereto
|ADESHINA v LEMONU
GOVERNMENT AND ADMINISTRATIVE LAW:- Attorney-General – When a right cannot be adjudicated without joinder of the Attorney General or State– Exceptions
|ADMINISTRATIVE AND GOVERNMENT LAW:- Government grant of royal palace and land connected thereto to the family entitled therewith – Nature of right over land created – Whether family land subject to local customs as to succession
|AGBETOBA V FAFUNWA
ADMINISTRATIVE LAW:- Non-approval and non-recognition of the nomination of chief under the Oba and Chiefs of Lagos Edict of l975 – Effect of – Nomination of Chief antedating its registration – Propriety of – Selection – Nomination and appointment of chief in Lagos State – Procedure therefor-Declaration of Chieftaincy – Delegation of – Whether principle of delegatus non potest delegares applies
|ADMINISTRATIVE LAW – PUBLIC OFFICERS:- Public Officers Protection Act, Section 2(a) -When a public officer can take protection thereunder – When he cannot
|AGBOOLA V SAIBU
GOVERNMENT AND ADMINISTRATIVE LAW:- Registration to freehold title before the Registrar of Titles – Section 8(4) and 10 of the Registration of Titles Act – Whether law clearly lays down specific provisions for the treatment of applications and objections – Propriety of the treatment of an application as an objection – Whether the Registration of Titles Act purports to substitute the Registry for the High Court so as to make it permissible for the Registrar to decide without formal pleadings, grave legal issues which are usually to be specifically pleaded and proved – Attitude of court thereto
|ADMINISTRATIVE LAW:- Military Tribunal – Special Tribunal for Recovery of Public Properties – Supervisory jurisdiction of court over decision of – Whether extant
ADMINISTRATIVE LAW – Prerogative orders – Supervisory jurisdiction of court over decision of tribunal – When exercisable – When not.
|AJAKAIYE V IDEHAI
ADMINISTRATIVE LAW:- Chieftaincy declaration – Where validly made under enabling law – Limitation on power of court in respect of- Whether court can declare it null and void.
ADMINISTRATIVE LAW:- Power conferred by statute on bodies other than courts – Whether court has jurisdiction to exercise such power
AJAYI V LAGOS CITY COUNCIL
|ADMINISTRATIVE LAW AND GOVERNMENT:- Implied authority – Power of Town Clerk to brief Counsel on behalf of a city council – How determined – Legal implication
|AJIDASILE V. OGUNOYE
ADMINISTRATIVE LAW:- Certiorari, Prohibition – Application to quash the deposition of applicants as motor Chiefs and to restrain persons appointed in their place from parading themselves as chiefs – Applicants aggrieved at 1st defendant’s installation as Paramount Chief and removal of his predecessor, addressing petition to Governor in newspaper for his removal.
AKANBI V YAKUBU
|ADMINISTRATIVE LAW:- Customary Law – Irregular appointment of village head – Ultra vires – Restraining injunction -Jurisdiction of High Court to entertain chieftaincy dispute.
|AKILU V FAWEHINMI
GOVERNMENT AND ADMINISTRATIVE LAW:- Equity – Mandamus proceedings – Nature of
AKINADE V AKINLOYE
|ADMINISTRATIVE LAW:- Delegation of Minister’s powers – Principles and Policy guiding such delegation
|AKINGBADE V LAGOS TOWN COUNCIL
GOVERNMENT AND ADMINISTRATIVE LAW:- Local Government – Enactment of Public Health Rules under Public Health Ordinance – Ultra wires doctrine -Construction of statutes which impose taxation – Public Health Ordinance, section 42 Public Health Rule 55 (3).
GOVERNMENT AND ADMINISTRATIVE LAW:- Regulatory practices – Where a fee is charged as part of giving effect to regulatory objective – Whether valid without an express legislative stipulation – Whether power to charge fee can be inferred as a necessary and incidental element of giving effect to the legislative objective
|ADMINISTRATIVE LAW AND GOVERNMENT:- Prerogative writs – Need to distinguish an order of mandamus from certioriari and prohibition – Whether mandamus unlike the other two is not primarily a means of reviewing the decision of an inferior tribunal, but is rather a comprehensive remedy for securing the performance of public duties – Whether mandamus will only issue to control abuse of discretionary powers or where such decision was guided by irrelevant considerations – Whether the court will not normally issue the order where it concerns how to exercise the power
ADMINISTRATIVE LAW AND GOVERNMENT:- Doctrine of ripeness and Administrative remedies – Where remedies are available in the domestic forum relating to a dispute – Need to exhaust same before any resort to court action – Effect of failure thereto
|AKPORUE V OKEI
ADMINISTRATIVE LAW:- Ultra vires – Representation order – Irregular
|ADMINISTRATIVE LAW:- Medical Practice – Section 26(1) of Medical Practitioner and Dentists Ordinance Cap. 116 – Proceedings at Medical Disciplinary Committee – Registrar acting through proceedings – Principles of natural justice.
|ALALADE V ICAN
ADMINISTRATIVE LAW:- Disciplinary proceedings against professional accountant – Charged for professional misconduct in affairs of client – Competency of Accountants’ Disciplinary Tribunal to try offence – No evidence given by appellant – Findings of fact by tribunal.
|ADMINISTRATIVE LAW:- Prerogative orders – Mandamus – When will lie – Whether will lie where same will violate the Constitution
|ALAO V ISSA AKANO
GOVERNMENT AND ADMINISTRATIVE LAW:- Draft White Paper – Whether possesses any legal effect – Recommendation letter for appointment based on draft white paper written by Deputy Governor of a State – Whether of any evidential value representing the views of the State – Where a countermanding letter by the Secretary to Government of the State on behalf of the Governor had proceeded directing that the letter written by the Deputy Governor be ignored – Effect
GOVERNMENT AND ADMINISTRATIVE LAW: Stool of the village head – When not vacant – Whether present occupier can be vacated on the strength of a letter purportedly written by the Deputy of a State recommending the recognition of a rival – Effect of a countermanding