APPLICATION OF PREROGATIVE REMEDIES IN NIGERIA

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APPLICATION OF PREROGATIVE REMEDIES IN NIGERIA

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

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