CHAPTER2;THE FUNCTIONS OF ADMINISTRATIVE LAW AND POWERS OF ADMINISTRATION OBJECTIVES At the end of this chapter, you should be able to: explain the functions of administrative law discuss the functions of administration or government explain the powers of administration or government analyze the principles of natural justice in administrative law.

Cont… Administrative law encompasses a number of defined powers and responsibilities held by administrative agencies of government. Administrative law encompasses a number of statutes and cases, which define the extent of the powers and responsibilities held by administrative agencies of the government. The executive, legislative, and judicial branches of the government cannot always directly perform their constitutional responsibilities.

Cont… Powers are therefore delegated to an agency, board, or commission. These administrative governmental bodies oversee and monitor activities in complex areas, such as commercial aviation, medical device manufacturing, and securities markets. Administrative law must therefore observe the rule of natural justice.

Cont… Natural justice is divine justice or justice according to God. There is no universally, or generally accepted definition of natural justice. However, concisely natural justice means: The inherent right of a person to a fair and just treatment in the hand of rulers, their agents and other persons.

Cont… Administrative law plays a vital role in the realm of administration and society, some of which are: (i) Administrative law acts as a check in respect of the unlawful exercise or abuse of governmental administrative power.

Cont… (ii) It embodies principles that facilitate good administrative practice. the two rules of natural justice that a man cannot sit on his own case and that no man can be condemned unheard (iii) It provides remedy for grievances occasioned at the hand of public authorities.

Cont… (iv) It commands public bodies to perform their statutory duties under the statute (v) It aids accountability and transparency, including participation by interested individuals and parties in the process of governance. For instance, through membership of a pressure group.

The Functions and Powers of Administration or Administrative Authorities The functions and powers vested on administrative authorities and public officers are conferred on them by the constitution and statutes.

Cont… For instance, Section 2 of the Petroleum Act, vests power on the minister of petroleum to grant licenses known as oil exploration license, and a lease to be known as oil mining lease. He or she has many functions, which he or she can delegate to his or her subordinates for the proper and effective discharge of his function.

Cont… In the health sector, the functions include promoting of public health, conduct of medical research, funding of health institutions throughout the country on whether the health sector is that of the federal or state.

Cont… In the education sector, their responsibility includes but is not limited to the implementation of policies on education. In the area of communication, the main functions are the implementation of policy on communication and promotion of the knowledge and use of information and communication technology.

Cont… The maintenance, equipment, funding and general welfare of the Police is the total function of the police affairs.

The Powers of Administrative Authorities By and large, the powers of administrative authorities include: The power to hear and determine disputes, investigate objections and to examine issues on economic and social aspects of life and submit report and probably make recommendation to the government. for instance, the power of industrial arbitration panel to investigate and determine industrial disputes and make recommendation to the government.

Cont… (ii) The power to grant or refuse the issuance of license or lease or permission to execute a business or any activity. For instance, the power endowed on the minister of petroleum to grant or refuse permission in relation to petroleum exploration .

cont… (iii) The powers to investigate and make enquiry, gather information and facts from people, organization or society. An example is a committee set up to look into a land crisis between settlers on the ownership of the land. The committee has the right to request information, materials and facts from all the factions so as to determine the real ownership of the said property.

Cont… (iv) The administrative authority has the power to direct a body or individual or community to do or refrain from doing an act. A town planning section of the local government can refuse someone from building a house where such will contravene the town planning law. From the above, it is clear that the administrative authorities are wrapped with powers to enable them discharge their various functions.