JURISDICTION: Claim(s) for Damages against Federal Government Agency – Whether claim(s) for damages against federal government agency can be accommodated under Section 251(1) of the 1999 Constitution:

Uncategorised

“In any case, the Proviso to S. 251(1) of the 1999 Constitution as amended enables a person to seek redress or bring an action against a Federal Government agency for damages. The exact text of this Proviso reads thusly:- “(a) any matter or thing with respect to which it has power to make laws; and (b) the conduct of affairs of nay person, authority, Ministry or government department charged, or intended to be charged, with the duty of or responsibility for:- (i) executing or administering laws enacted by that House of Assembly; and (ii) disbursing or administering moneys appropriated or to be appropriated by such House. (2) The powers conferred on a House of Assembly under the provisions of this section are exercisable only for the purpose enabling the House to- (a) make laws with respect to any matter within its legislative competence or and to correct any defects in existing laws; and (b) expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it”. This court in NEPA V Edegbero (2002) 12 SC (Pt. ii) 119 and in The Controller General of Prisons & Ors V Prince Pedro Elema & Ors (supra) has applied this Proviso as extending the jurisdiction vested in the Federal High Court by S.251(1)(P), (q) and (r) of the 1999 Constitution to actions for damages, injunctions or specific performance against the Federal Government or any of its agencies.” Per EMMANUEL AKOMAYE AGIM, JSC in NEPA V. MALLAM MUHAMMAD AUWAL (2022-LCER-46637-SC) at Pp. 19 – 20, Paras. A-A.

Add to LawKit (0)
Close

JURISDICTION: Claim(s) for Damages against Federal Government Agency – Whether claim(s) for damages against federal government agency can be accommodated under Section 251(1) of the 1999 Constitution

PRINCIPLES

Discover Limitless Legal Insights with LawCompass™!

Welcome to LawCompass™, your gateway to a world of legal knowledge and expertise. While you’re currently logged out, you’re just a few clicks away from unlocking a wealth of invaluable legal resources including this content. From Cases and Laws to Rules/Forms, Legal Principles, Index, Cause-Lists, and more, our platform offers a comprehensive array of tools to support your legal research and professional growth.

Take the first step towards accessing premium legal content by signing up for a LawCompass™ account today. Join our community of legal minds and gain instant access to a treasure trove of resources designed to enhance your legal expertise and propel your career forward.

Don’t miss out on the opportunity to elevate your legal research experience. Sign up now and embark on a journey of discovery with LawCompass™!

Why not Join Us Now or Log In?
Join Us
Log In

Add to LawKit (0)

Close