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WRIT OF CERTIORARI – INSTANCES WHERE THE COURT WILL GRANT A WRIT OF CERTIORARI

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“The grant of Certiorari is discretionary and it would only issue to quash judicial acts and not ministerial, administrative or executive acts. The remedy would be available-
(a) Where a party was denied fair hearing
(b) Where an inferior Court acted without or in excess of jurisdiction.
(c) Where there are errors in the record of the inferior Court.
(d) Where a conviction or order has been obtained by collusion, or by fraud.
See Ekpo v Calabar Local Govt Council (1993) 3 NWLR (Pt.281) p. 324. Nnadika v Ejire (1994) 1NWLR (Pt.320) p.295. The object of the prerogative Writ of Certiorari is for the superior Court to quash arbitrary decisions of inferior Courts, especially when they exceed their jurisdiction and make pronouncements that are wrong.” -PER O. RHODES-VIVOUR, J.S.C. in

TEGA ESABUNOR & ANOR v. DR. TUNDE  FAWEYA & ORS. SC.97/2009 https://legalpediaonline.com/tega-esabunor-anor-v-dr-tunde-faweya-ors/


   
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