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ADMINISTRATIVE LAW 

(COURSE CONTENTS)

Administrative Law is one of the Law Courses required to be taken as prerequisite for obtaining an LL.B. degree. It is equally useful for persons who, though not interested in obtaining a degree in law, desire to know the rights, functions, responsibilities and liabilities of governmental agencies in their frequent or routine contact with members of the public.

The course will help in building and broadening your knowledge on the workings of the three arms of government (legislature, executive and judiciary). It will also acquaint and arm you with the legal regime governing the activities of governmental agencies (ministries, departments, and parastatals) in their delivery of goods and services to the citizens and other persons in Nigeria.

Through this course, you will understand that the relationship amongst the tripod or trilogy of legislature, executive and judiciary is not all there is to law-making, law execution and law enforcement. But, much more than that, the Course will introduce to you the legal regime that authorizes or permits these governmental agencies whether at the Federal, State or Local government levels to make and enforce rules, regulations, bye-laws and policies in their various spheres of influence to the benefit or detriment of members of the public.

Here, you will learn the ambit of administrative law including, inter alia, its relationship with constitutional law, functions, utility, and classification. Also, you will be familiarized with the concept of the rule of law. Also to be learnt, is the doctrine of separation of powers. You will learn the myth or reality separateness of the three arms of government – the legislature, the executive and the judiciary – and, most important, its manifestation in the Constitution of the Federal Republic of Nigeria (CFRN) 1999. You will equally learn the contours of delegated legislation. In specific terms, you will realize that the laws, rules and regulations that we are obliged to obey do not all emanate from the legislative arm of government but that governmental agencies are active participants in law-making.

 

In addition to the above, you shall be learning other concepts such as the doctrine of natural justice, division of administrative decisions, remedies available for administrative decisions. In addition, you will learn about the local government administration in Nigeria paying attention to its history and how it faired under the military regimes and how it is fairing currently under the Constitution of the Federal Republic of Nigeria.

 

In specific terms, the following course outline are the various topics to be covered in this Course.

1. SCOPE OF ADMNISTRATIVE LAW

Scope of Administrative law

Definitions of Administrative law

Features of administrative law

 

2. ADMINISTRATIVE AND CONSTITUTIONAL LAW DISTINGUISHED

Relationship between Constitutional law and administrative law

Administrative growth in constitutional matrix

3. ADMINISTRATIVE AGENCIES

Definitions of administrative agencies

Powers and functions of federal agencies

Statutory agencies

 

4. THE CLASSIFICATION OF ADMINISTRATIVE POWERS

The problem of classification

Distinction by the Committee on Ministerial Powers

Limitations of the Classification

Legal Significance for the classification of administrative powers

The right to fair hearing and rule against interest and bias

Prerogative remedies

Duty to give notice

Sub-delegation

Ultra vires

 

5. SEPARATION OF POWERS

Meaning and Scope of Separation of Powers

John Locke

Montsequieu

Applicability of the Doctrine Separation of Powers in Nigeria

Separation of Powers under the 1999 Constitution

Application of the Doctrine to Administrative Law

Separation of Powers in a Military Regime

 

6. RULE OF LAW

Historical Background

Meaning of Rule of Law

Analyses of Rule of Law

Contemporary Texture of Rule of Law

 

7. CONSTITUTIONAL SUPREMACY

Meaning of Constitution

Constitutional Supremacy

Constitutional Supremacy& Some Human Rights

Importance of Constitutional Supremacy

 

8. PARLIAMENTARY SUPREMACY

Scope of Legislative Supremacy

Some Exceptions to Legislative Supremacy

Legislative Supremacy vis-à-vis and the Federal Republic of Nigeria

Legislative Supremacy in Military Regimes

 

9. DELEGATED LEGISLATION

History of Delegated Legislation

Delegation of Power

Definition of Delegated Legislation

Classification of Delegated Legislation

Delegated Legislation under the CFRN 1999

 

10. JUSTIFICATION OF DELEGATED LEGISLATION CONTENTS

Justification of Delegated Legislation

Criticism of Delegated Legislation

 

11. VALIDITY OF DELEGATED POWER CONTENTS

Validity of Delegated Power

The Rule against Sub-delegation

 

12. CONTROL OF DELEGATED LEGISLATION CONTENTS

Legislative Control

Executive Control

Consultation

Consultation and Good Governance

 

13. DECISION AND RULE MAKING PROCEDURES CONTENTS

 Meaning and Scope

Considerations in Rule Making Procedures

 

14. TYPES OF RULE MAKING PROCEDURES CONTENTS 

Rule Making Procedures

Investigational

Consultative

Auditive

Adversary

Exercise of Discretion in Decision and Rule Making

 

15. PUBLICATION OF RULES AND REGULATIONS CONTENTS

Publication

Antecedent Publication

Subsequent Publication

 

16. CONTROL OF ADMINISTRATIVE POWERS CONTENTS

Means of Control

Legislative Control

Constitutional Control

Executive Control

 

17. ADMINISTRATIVE ADJUDICATION

Definition of Administrative adjudication

Administrative adjudication in Nigeria

(a) Informal Administrative Adjudication

(b) Formal Administrative Adjudication

(c) Judicial Inquiries

Statutory or autonomous bodies

Domestic or autonomous bodies

Justification of administrative tribunals

Criticisms of administrative tribunals

Advantages/disadvantages of administrative adjudication

18. RULE MAKING

Definition of Rule making

Values to be emphasized in rule making

Considerations in rule making procedure

 

19. TYPES OF RULE MAKING PROCEDURES

Rule Making Procedures

Investigational

Consultative

Auditive

Adversary

Exercise of Discretion in Decision and Rule Making

 

20. CONTROL OF THE RULE-MAKING

Means of Control

Legislative Control

Constitutional Control

Executive Control

 

21. THE PRINCIPLE OF NATURAL JUSTICE

The concept of natural justice

Definition of natural justice

Historical origin

Natural justice in the common law

International Conventions

Natural Justice as an arm in rule of law in Nigeria

 

22. AUDI ALTERAM PATEM

Historical perspective of locus standi

Audi Alteram Partem under Nigerian law;

The Audi Alteram Partem Rule

23. NEMO JUDEX IN CASUA SUA

Development of the Rule

The Rule against Bias

Test for Determining Bias

Meaning of bias

What is the Meaning of Likelihood of Bias?

Application of the Rule under Nigerian Law

 

24. THE ULTRA VIRES DOCTRINE

The Ultra Vires Doctrine

Development of the Doctrine

Illegality

Procedural impropriety

Irrationality

Criticism of the Doctrine

 

25. THE DOCTRINE OF LOCUS STANDI

Definition of concept

The general nature of the doctrine of locus standi

The doctrine under Nigerian law

 

26. MANDAMUS

Emergence of Prerogative writs

Prerogative writs in Nigeria

Mandamus

Elements under which Mandamus will Issue

 

27. CERTIORARI

Nature of the Remedy

Development of the Remedy

Utility of the remedy

When will the Doctrine Lie?

Application of the Doctrine in Nigeria

 

28. PROHIBITION

The Nature of the Remedy of Prohibition

Development of the Remedy of Prohibition

Similarities between Prohibition and Certiorari

Types of Orders of Prohibition

 

29. HABEAS CORPUS

The Nature of the writ of Habeas corpus

Habeas corpus at common law

Habeas corpus in Nigeria

Utility of the writ of habeas corpus

When the writ can issue

Other species of writ

Benefit of prerogative remedies

Limitations to prerogative remedies

 

30. LOCAL GOVERNMENT

Definition of local government

Implication of the definition

Constitutional Nature and Functions of Local Government

Legal framework of local government

 

31. LOCAL GOVERNMENT REFORMS IN NIGERIA

Phase I

Phase II

Phase III

 

32. LOCAL GOVERNMENT REFORMS IN THE REGIONS

Local Government in Eastern Nigeria

Local Government in Western Nigeria

Local Government in Northern Nigeria

Local Government system in Lagos

Reason for the failure of indirect rule

 

33. LOCAL GOVERNMENT ADMINISTRATION FROM 1976

Local Government Administration as a constitutional matter;

Constitutional roles of local government in Nigeria;

Administrative structure of local government in Nigeria

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