EXERCISE OF DELEGATED POWER IN DISCIPLINARY PROCEEDINGS IN NIGERIAN ADMINISTRATIVE LAW

MORENKEJI V OSUN STATE POLYTECHNIC & ORS REVISITED

  • C A Ogbuabor, Ph.D University of Nigeria, Enugu Campus, Nigeria
  • Obinne Obiefuna University of Nigeria, Enugu Campus, Nigeria
Keywords: statutory disciplinary power, administrative law, amendment of the law

Abstract

The Court of Appeal in Morenkeji v. Osun State Polytechnic & Others upheld the delegation of statutory disciplinary power by the Rector of the Polytechnic to the Registrar without express statutory authority. This paper demonstrates that the decision was erroneous and a departure from well-established and
crystallized principles of our administrative law as well as rules of trial. The paper also establishes that the in so far as disciplinary proceedings are concerned, the Osun State
Polytechnic Law which requires a disciplinary action to be taken against an alleged erring student before referring him to a disciplinary panel is inherently flawed in that it puts the cart before the horse. This paper suggests an amendment of the law to correct this anomaly.

Author Biographies

C A Ogbuabor, Ph.D, University of Nigeria, Enugu Campus, Nigeria

Faculty of Law

Obinne Obiefuna, University of Nigeria, Enugu Campus, Nigeria

Faculty of Law

Published
2018-05-14
How to Cite
Ogbuabor, C., & Obiefuna, O. (2018). EXERCISE OF DELEGATED POWER IN DISCIPLINARY PROCEEDINGS IN NIGERIAN ADMINISTRATIVE LAW. The Nigerian Juridical Review, 12(1). Retrieved from http://thenigjuridicalreview.com/index.php/NJR/article/view/167
Section
Articles