Prerogative

Once an applicant asks for alternative relief, it is not within his prerogative to declare the main relief a mistake or error.
That right or prerogative belongs to the Court that will choose and pick whichever alternative is right. The question of whether there is anything in the applicant's affidavit to show that this application is aimed at correcting any error or a mistake in the applicant's relevant grounds of appeal does not arise at all. It is sufficient for the applicant to show the alternative by requesting for leave in respect of the ground of appeal, which it has reflected in its amended notice of appeal.

STANBIC IBTC BANK PLC V. LONGTERM GLOBAL CAPITAL LIMITED &

In establishing the prerogative writ of mandamus, the Applicant must show that a distinct demand for the performance of a duty has been made and that the demand has deliberately not been complied with. R. V. WITTS & BERKS CANAL CO. 1835 3 AD & EC 477. R. V. STOKE ON TRENT TOWN CLERK 1912 12 KB. 518.
Where there is undue delay where the Appellants motives are unreasonable, above are circumstances where the Court will refuse to make an order of mandamus. FAWEHINMI VS AKILU 1987 ALL NLR (PART 57) 797 at 834; FAWEHINMI V IG OF POLICE 2002 7 NWLR (PT. 767) 606, CHIEF OHAKIM V CHIEF AGBASO (2010) 7 SC 85 @ 132.

I think it has to be borne in mind that the choice of the charge to prefer against the accused person on a given set of facts is the prerogative of the prosecutor. Neither the Court nor the accused person can interfere with the prerogative of the prosecutor in this regard. From a line of cases, including YONGO v. COMMISSIONER OF POLICE (1992) 8 NWLR (Pt.257) 36; ALAKE v. THE STATE (1992) 9 NWLR (Pt.265) 260; CHIMA IJIOFFOR v. THE STATE (2001) 4 SC (Pt.II) 1; (2001) NWLR (Pt.718) 371, the Courts recognize and respect this prerogative of the prosecutor to prefer any charge from the facts at his disposal. Thus as Achike, JSC, stated in IJIOFFOR v. THE STATE (supra) the prosecutor's –
prosecutorial responsibility is to establish (his) case beyond reasonable doubt in order to secure the conviction of the (accused person).
How he gets about discharging this is entirely his business. Under no circumstance will the accused person dictate to the prosecution what charge shall be preferred or what witness(es) shall be fielded against him in discharge of the prosecutor's prosecutorial responsibilities.