NATIONAL OPEN UNIVERSITY OF NIGERIA
14-16 AHMADU BELLO WAY, VICTORIA ISLAND LAGOS
SCHOOL OF LAW
MARCH/APRIL 2015 EXAMINATION
COURSE CODE: Law 444
COURSE TITLE: ADMINISTRATIVE LAW II
TIME ALLOWED: 3 HOURS
INSTRUCTION: QUESTION ONE IS COMPULSORYAND YOU ARE TO ANSWER ANY OTHER THREE (3) QUESTIONS. All questions carry equal marks
1. Nkechi was charged with committing offences under Rule 5 and 12 of the Banking (Foreign Exchange) Regulations. She sought a declaration that the regulations were invalid or inoperative at all times during the commission of the offences.
The Acts Interpretation Acts. 48 (1) says (Herein AIA):
“Where an Act confers power to make regulations, then unless the contrary intention appears, all regulations made accordingly –
- shall be published in the Gazette
- shall, subject to this section, take effect from the date of notification, or, where another date is specified in the regulations, from the state specified; and
- shall be laid before each house of the Parliament within fifteen sitting days of that House after making the regulations.”
The Rules Publication Act s. 5(3) says (herein RPA):
“Where any statutory rules are required by any Act to be published or notified in the Gazette, a notice in the Gazette of the rules having been made, and of the place where copies of them can be purchased, shall be sufficient compliancewith the requirements.”
He has retained your services as his counsel and you need to address the following issues:
Issue 1: Issue 2: what constitutes notification and publication?
Issue 2: Is following the procedure mandatory or discretionary?
Issue 3: What is the effect of non-publication
2. Uptown County council is empowered to grant licenses to street traders and withdraw from them, inter alia, for misconduct. It has been the custom of the Council to grant hearings to consider the case proposed revocation of licenses, provided that a written request is received within 14days of the decision being announced. Under the Cautious Party, previously in control of the Council, such licenses were granted sparingly. The Enterprise Party, now in power, has announced that in six months’ time, 50 new licenses are to be granted over a six-week period.
The following occurred:
a. Dora, a current license holder, is disgruntled by the decision to grant new licenses, fearing such a massive increase in competition, that she requested a hearing from the council. She receives a letter that, normally, only revocation of a license gives rise to a hearing and that, in any event, unprecedentedly low Council funds forbids a hearing. She was also told that the detailed statement of her reasons for opposing the new licenses will not be considered, as the decision has already been made;
b. Doro and Buchi receive notification that their licenses are to be revoked for misconduct, subject to their right to put their case against the revocation. Buchi is given a fair chance to state his case at a meeting of the Licensing board. However, he recognises one of the five members of the Board, Bert, as the former husband of Alison; Alison recently left Bert for Buchi in an episode that generated much publicity. The Board orders revocation. After the hearings are over, it emerges for the first time that Bert covertly encouraged Alison to have the affair with Buchi so that he could divorce her and marry his secret, long standing mistress, with whom he is now blissfully happy.
c. Doro is unhappy because it was only at the hearing that he was told full details of the case against him; that there was evidence that specific products sold from his stall were unsafe. Previously he had only been told that his license was being revoked on ‘health and safety grounds’. The Board orders revocation. Doro is indignant because he claims he has detailed evidence of the safety of these products, which he could have raised in evidence in the hearing, had he known the true grounds of the Council’s case.
d. Jane is indignant: She has applied for a license to run a stall but she is refused and the Council provided no reason for the refusal.
3. It is often said that judicial review is intolerably uncertain and mounts to little more than a license for judges to interfere arbitrarily with the machinery of government and administration. Discuss.
4. Rural development of the grassroots has been the concern of every responsible and responsive political system. This is because development and participation have continued to elude people of the grassroots. Critically discuss these difficulties and illuminate the factors that are responsible for them.
5. Write short notes on any three of the following:
- Consultative rule making procedure;
- Investigative rule making procedure
- Mandamus;
- Certiorari
6. When a public authority is under a duty which must be obligatory and not merely discretionary, to perform a certain function and when required to do so refused or omits to perform it, any person who has a legitimate and sufficient interest in its execution may apply to the High court…….” Sir Carleton Allen.
Discuss, with the aid of statutory and judicial authorities, the ambit of this prerogative writ and the conditions for its enforceability
You can get the exam summary answers for this course from 08039407882
Check the sample below
