JUDICIAL REVIEW OF EXECUTIVE AND LEGISLATIVE ACTIONS IN NIGERIA; 1999 TO 2012

ABSTRACT

Judicial review connotes the power of a Court to examine the acts of the branches of government, courts and other administrative authorities and the ability to uphold or reject such acts where need be. The essence of judicial review therefore, is that the court plays the role of an impartial umpire in the business of government and control and management of the affairs of the society. To achieve the objectives of judicial review, the court usually examines the decisions and procedures adopted in arriving at any decision. The subject, judicial review is an aspect of constitutional and administrative law. Other powers of the court in reviewing the actions of the executive and the legislature in Nigeria include; certiorari, mandamus, prohibition and habeas corpus. Between the year 1999 and 2007 and even up to 2012, the court has particularly reviewed among other things, the actions and inactions of the Federal Executive, Legislature and even itself. The work started with an introductory Chapter defining relevant terms including the meaning of judicial review, concept of judicial review, contents / scope of judicial review and functions of organs of government. Chapter two xrayed the historical development of judicial review in Nigeria, the rationale, implications and limitations of judicial review. Chapter three discussed the procedure for judicial review under the applicable Anambra and Enugu State High Court Civil Procedure Rules and an overview of judicial review of executive and legislative actions in USA, Ghana and South Africa. Chapter Four among other things discussed judicial review of Executive and Legislative abuses by Federal, State and Local Government and also the constraints to judicial review in Nigeria. Chapter five summarized the entire work and ended with conclusion and recommendation. Aim The aim of this work among other things, is to reawaken our consciousness to the importance of the intervention of the court in controlling the actions and inactions of the executive and the legislature in Nigeria through the doctrine of judicial review. Methodology In arriving at the success of this work, this researcher adopted the following methodology; Culling materials from Newspapers National Dailies on issues of law; use of legal text books by both local and foreign authors in law; use of articles in law journals and seminars; Down loaded materials from the website; Course work lectures and experiences ; subscription to legal magazines, law reports and statute books. Result Judicial review of executive cum legislative actions in Nigeria is very important to the survival and sustenance of democracy. Therefore, government of Nigeria should at all time respect the powers of the court under the constitution.

TABLE OF CONTENTS

Title page i

Certification ii

Dedication iii

Abstract iv

Aim v

Methodology vi

Result vii

Table of Contents viii

Table of Cases ix

Table of Statutes x

Table of Abbreviations xi

Table of Conventions xii

Bibliography xiii

CHAPTER ONE

1.1 Introduction 1

1.2 Meaning of Judicial Review 4

1.3 Definition of Terms 12

1.4 The concept of Judicial Review 33

1.5 Contents/Scope of Judicial Review 37

1.6 Functions of Various Organs of Government 51

CHAPTER TWO

2.0 Historical Development of Judicial Review in Nigeria 71

2.1 The Rationale for Judicial Review in Nigeria 71

2.2 Judicial Review of Executive/Legislative Actions by Court 96

2.3 The Implication of Non Review of Acts of Executive/Legislature 104

2.4 Limitations to Judicial Review 113

CHAPTER THREE

3.1 Procedure for Judicial Review under the Anambra State High Court Civil Procedure Rules 2006 120

3.2 Overview of Judicial Review of Executive and Legislative Actions in USA, Ghana and South Africa 123

CHAPTER FOUR

4.1 Judicial Review of Executive/Legislative

Abuses by the Federal Government 1999 2007 150

4.2 Judicial Review of Executive and Legislative

Abuses by the State Governments 1999 2007 173

4.3 Abuses by Tribunal and Local Governments 194

4.4 Judicial Review of Government Actions post 20072012 196

4.5 Constraints to Judicial Review in Nigeria 218

CHAPTER FIVE

5.1 Conclusion 229

5.2 Recommendation for Effective Judicial Review 230240

BIBLIOGRAPHY