Judicial Remedies for Administrative Acts

This set of vocabulary flashcards covers the fundamental principles, legal provisions, and landmark cases regarding judicial remedies and review within the Nigerian administrative legal context.

Judicial Review

The control by the courts of the exercise of powers by government and public authorities, usually examining the decision and the procedure used in arriving at that decision.

Grounds for Judicial Review

The specific bases upon which a court may review a decision, including unconstitutionality, illegality, irrationality, or procedural impropriety.

Ubi Jusibi remedium

A general principle of law meaning "Where there is a right there is a remedy" or "where there is a wrong, there is a remedy."

Section 46 (1) of the 1999 constitution of Nigeria

The provision stating that any person who alleges that any provisions of the chapter have been, are being, or are likely to be contravened in relation to them may apply to a High Court for redress.

Section 46 (2) of the 1999 constitution of Nigeria

Statute granting a High Court original jurisdiction to hear application for the enforcement of rights and to make such orders, issue such units, and give such direction as appropriate.

Article 8 of the United Nations Universal Declaration of Human Rights, 1948

A provision stating that everyone has the right to an effective remedy by competent national tribunals for acts violating fundamental rights granted by the constitution or law.

Three Processes of Judicial Review in Nigeria

1. Ensuring arms of government follow separation of powers. 2. Ensuring public functionaries perform according to law. 3. The Supreme Court reviewing decisions (including its own) to avoid obsolete or wrong decisions.

Declaration of Rights

A judgment declaring the legal rights of a party, such as that one party is right and another is wrong, or that one party has a right and the other owes an obligation.

Shugaba V Minister of Internal affairs & ors

A case where the court held that the deportation of the applicant was unconstitutional, set aside the order, and granted an injunction, prohibition, mandamus, and damages.

Adeniyi V Governing Council, Yaba College of Technology

A case where the Supreme Court held that the retirement of the appellant was null and void due to a lack of fair hearing and violation of the rules of natural justice.

A.G. Bendel State V. Aideyan

A case where property acquisition contrary to section 40 of the 1979 constitution was declared a nullity and the government's possession was deemed a tortious trespass.

Mandamus

A Latin term meaning "We command"; it is a court order commanding a person or body to perform a public duty they are bound to perform.

Prerogative Orders

Orders such as mandamus, prohibition, certiorari, and injunction used to assure the full measure of justice to an aggrieved person.

Shitta – Bey V Federal Public Service Commission

A Supreme Court case establishing that an order of Mandamus can be issued against the government and its servants to reinstate a public servant properly.

Fawehinmi V Akilu

A case where Mandamus was granted to compel the DPP to make a decision to prosecute or not to prosecute a complaint filed by the applicant.

Director, SSS V. Agbakoba

A case where the Supreme Court held the seizure of a passport was null and void and issued an order of mandamus for its release.