THE FEDERAL REPUBLIC OF NIGERIA V LORD CHIEF UDENSI IFEGWU
June 16, 2025OBA OLATUNDE FALABI ORISATOLA III THE AKIRE OF IKIRE & ANOR V ALHAJI MUDASIRU ADESINA & ORS
June 16, 2025Legalpedia Citation: (2003) Legalpedia (SC) 91891
In the Supreme Court of Nigeria
Fri May 16, 2003
Suit Number: SC. 73/1999
CORAM
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
SAMSON ODEMWINIE UWAIFO JUSTICE, SUPREME COURT
AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT
PARTIES
APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The selection and appointment Prof. Nwaoboshi was approved as the Obuzor of Ibusa, pursuant to the relevant Declaration. One Prof. Obi Chike Onwuachi (now applicant/respondent) commenced certiorari proceedings. The trial judge made the order quashing the said Declaration. This was upheld by the Court of Appeal. The aggrieved party appealed.?
HELD
The Supreme Court allowed the appeal, holding that Certiorari cannot issue against Executive; Ministerial/Administrative or legislative acts and concluded that since the Declaration in question was a legislative act, the action was incompetent?
ISSUES
1. Were the learned Justices right in holding that a writ of certiorari may issue against the Delta State Executive Council in its legislative or administrative function in this case?2. Were the learned Justices right in holding that in making subsidiary legislation published as Delta State Legal Notices Nos. 6, 7, 8 and 9 of 1995, the Delta State Executive Council (a) was either determining or adjudicating on any question or (b) was required to act judicially?
RATIONES DECIDENDI
THE PROPER USE OF THE WRIT OF CERTIORARI
No legislative or executive act is subject to the controlling jurisdiction of the writ of certiorari on the ground that it was not an act performed or expected to be performed judicially. It will be a contradiction in terms and offensive to the idea underlying the doctrine of separation of powers to hold otherwise since certiorari lies against only judicial or quasi-judicial acts. And a legislative or executive act cannot by any rational thinking come within acts which are to be performed judicially. Per Uwaifo JSC
THE PROPER USE OF THE WRIT OF CERTIORARI
It is elementary that certiorari is a prerogative writ of common law origin available to the High Court in the exercise of its supervisory control over an inferior tribunal or court to ensure that it does not exceed its jurisdiction or commit irregularities making its decision bad on its face…It lies only against bodies exercising judicial or quash-judicial authority and in respect of acts performed by them in that capacity. It does not lie against executive or legislative acts, or mere administrative act. Per Uwaifo JSC
CASES CITED
1. R V. District Officer for Kutia People Ex Parte Eti Atem (1961) All NLR 51 at 56 2. Amaka V. Lt. Governor Western Region & Anr (1956) SCNLR 122 3. Obiyan V. the Military Governor of Midwestern State (1972) NSCC 290 4. R V. Governor-in-Council Western Region, Ex parte Laniyan Ojo (1962) 1 All NLR (pt.1) 147
STATUTES REFERRED TO
1. Traditional Rulers and Chiefs Edict, 19792. Decree No. 13 of 19843. Legal Notices Nos. 6, 7, 8 and 9 of 1995 published in the Delta State of Nigeria Extra-Ordinary Gazette No. 28 vol. 5 of 21 June, 1995?
