the effects of the exercise of legal powers by administrative agencies and public functionaries beyond the limits prescribed for them by the enabling statutes.
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Abstract
Administrative law as a public law deals with public issues particularly as it affect governing bodies and agencies. This is crystallized In the direction of powers, internal rules and regulations. Others are remedies for abuse of powers or mishaps in the exercise of discretions in order to achieve optimum goals for peace and stability in society. Hitherto these lofty ideals could not be said to exist properly amidst corruption and total disregard for laid down rules and encouragement of fire service approach and exigencies in our public life. The illegality inherent therefore is that the principles of ultra vires are jeopardized and subsequent compromise of the due process by public functionaries. This dissertation intends to highlight the effects of the exercise of legal powers by administrative agencies and public functionaries beyond the limits prescribed for them by the enabling statutes. In Administrative Law, the issue of ultra vires constitutional powers takes the form of 'either procedural or substantive pattern. This results in way of a breach of rules of procedural or misapplication of law or unlawful assumption of jurisdiction. It is on this note that the rule of the doctrine of ultra vires will be carefully examined. It is only a necessity and constitutional obligations that government, its agencies and officials are made servants and not masters of the people. The issue of problem or abuse of legal power is an important factor in the search for order and justice for a stable modern society. We consider it expedient to examine its effect in this dissertation, Therefore, we will in chapter one, introduce this topic. Here, we shall examine the meaning and then what situation that could develop into the ultra vires concept in chapter two, we will look into the procedural ultra vires of permissive, directory on one hand, and imperative procedural requirements, on the other hand. Chapter three will look into the substantive ultra vires. Followed by chapter four where the issues of unreasonableness as an aspect of ultra vires will be examined critically. Then chapter five will look into the questions whether the legislature is subject to doctrine of ultra vires and then proffer answers. We will look into the values of doctrine of ultra vires in chapter six. And finally summarize, make some useful suggestions and recommendations for proper use of ultra vires doctrines and then conclusion.