What are the Remedies Available in Administrative Law

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Administrative Law provides an effective redress system for citizens’ grievance and provides remediation for those who have had their rights violated by administrative agencies. Such remedies include:

 

Certiorari

What is Certiorari ?

A remedy used by a superior court to nullify an order or decision of a lower court or administrative body made without jurisdiction

Habeas Corpus

What is Habeas Corpus?

This translates into “produce the body”. It is a remedy available to any person detained or imprisoned, not to hear and determine case upon evidence , but to immediately and in summary, test the validity of the person’s detention or imprisonment

Mandamus

What is Writ of Mandamus ?

This remedy is used to compel the performance of a public duty to let them correct an earlier action or duty that was not carried out. In the case of Shitta-Bey v Federal Service Commission, the Supreme Court held that an order of mandamus was appropriate to compel the commission to reinstate the applicant in the civil service from which he was compulsorily retired. The applicant had earlier gotten a judgment from the High Court declaring his retirement invalid. Despite this judgment, the commission still refused to reinstate the applicant, hence his application for mandamus.

Prohibition

What is Prohibition??

A remedy used by a superior court to prohibit lower court or tribunal from exercising or continuing to exercise authority it does not have (especially when it is likely to adversely affect citizens’ rights)

In the case of Shugaba v Minister of Internal Affairs, the minister was prohibited and restrained from deporting the applicant out of Nigeria. Also, in the case of Dr.Nnamdi Azikiwe v FEDECO, the court made an order of prohibition against the Lagos State Police Commissioner for arresting the applicant

See also  Summary of Shitta-Bey v AG Federation case

Quo Warranto

What is Quo Warranto ??

A remedy used to challenge a person’s entitlement to a public office that he or she purports to occupy and exercise.

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