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Judicial Review

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Judicial Review

Definition

Judicial review is a process by which superior courts exercise supervisory jurisdiction over inferior courts, the executive and legislature, to checkmate and curtail their constitutional breaches and excesses.

It is used by the High Court to supervise and control administrative agencies of government - especially where such agency is acting in a quasi-judicial capacity.

Professor Nwabueze - Definition

“Judicial Review is the power of the court in appropriate proceedings before it to declare a governmental measure either contrary or in accordance with the Constitution or other governing law, with the effect of rendering the measure invalid or void or vindicating its validity.”

Principles of Judicial Review – Military Gov of Imo State v Nwauwa (1995) 8 NWLR (Pt 413)

  1. Judicial review is NOT an appeal;
  2. The court must NOT substitute its judgment for that of the public body whose decision is reviewed;
  3. The correct focus is not upon the decision but on the manner in which it was reached;
  4. What matters is legality, NOT correctness of the decision;
  5. The reviewing court is not concerned with the merits of the target activity;
  6. The court must not stray into the realm of appellate jurisdiction - that would amount to wrongful usurpation of power;
  7. What the court is concerned with is the manner by which the decision being impugned was reached.

See also Governor of Oyo State v Folayan.

The 4 Prerogative Orders / Writs

  1. Certiorari;
  2. Habeas Corpus;
  3. Prohibition;
  4. Mandamus.

1. Certiorari

A writ or order by which a higher court reviews a case tried in a lower court.

Circumstances Under Which Certiorari May Be Awarded

  1. Non-compliance with rules of procedure prescribed for that body;
  2. Denial of the right to be heard in one’s defence;
  3. Irregularities tantamount to a denial or breach of the rules of natural justice;
  4. Assumption of jurisdiction to perform an act unauthorised by law, OR a refusal of jurisdiction where it should be exercised.

Head of Federal Military Government v Public Service Commission of Mid-West State (1974) LPELR-SC.85/7 SC

The Supreme Court reaffirmed that certiorari issues to bring up the records of an inferior tribunal where there has been excess of jurisdiction, denial of natural justice, or breach of statutory procedure.

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