APPLICATION OF PREROGATIVE REMEDIES IN NIGERIA
APPLICATION OF PREROGATIVE REMEDIES IN NIGERIA
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Date
1997-06
Authors
ALI, Yunusa
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Abstract
The research is aimed at creating awareness or acquainting readers, (non
lawyers) with prerogative remedies; viz: certiorari, mandamus, prohibition and
habeas corpus. These, were prerogative writs in England and were used for many
purposes. For example, certiorari was used in Commanding an inferior court
of record to "certify" to the Queen in the High Court of Justice some matter of a
judicial character . It was used to remove civil causes of indictments from inferior
courts of record or inferior tribunals into the High Court, that they may be better
tried or re-tried if there has been abuse or error, on the face of the record.
But the writ of certiorari, by the Administration of Justice (Miscellaneous
provisions) Act of 1938, S.7 (Order 53) of the High Court of England, was
replaced/named theorder of certiorari. This change in terminology, also affected
the other prerogative writs; though habeas corpus was said to have retained its
name and functions except for simplification of procedure. In Nigeria, all the
prerogative writs/orders) were used as they were in England, except that not all the
purposes which such writs were used in England are used in Nigeria. These
prerogative writs found their way into the 1979 Nigerian constitution under the name
- Judicial Review.
Mandamus is used to compel the person to whom it is directed to perform his
duty or obligation required by law which he refused. Prohibition is to prevent
inferior tribunal or court(s) of record from exercising its jurisdiction or exceeding its
limits. Habeas Corpus, the most swift means of obtaining a remedy or redress, is
used to bring up the body of a person imprisoned on a criminal charge, or in civil
detention, to ascertain the legality of the person's detention.
Other remedies discussed include - declaratory Judgement, injunction,
damages, rescission, and restitution. These remedies could be available in respect of
tortious acts or otherwise, depending on the circumstances of each case
Description
BEING A THESIS SUBMITTED TO THE SCHOOL OF POSTGRADUATE,
AHMADU BELLO UNIVERSITY, ZARIA, IN PARTIAL FULFILLMENT
OF THE REQUIREMENTS FOR THE AWARD OF MASTER OF
LAWS,(LL.M) DEGREE
Keywords
APPLICATION,, PREROGATIVE,, REMEDIES,, NIGERIA