ORDER OF MANDAMUS

• Date: 06 February 2019

(1) "Volume II, page 84 of Halbury’s Laws of England provides as follows: "Mandamus is an order of a most extensive remedial nature and is, in form, a command issuing from the High Court of Justice, directed to any person, corporation, or Inferior tribunal requiring him or them to do some particular thing therein specified which appertains to his or their office and is in the nature of public duty. Where a statute, which imposes a duty, leaves discretion as to the mode of performing duty in the hands of the party, on whom the obligation is laid, mandamus cannot command and duty in question to be carried out in a specific way." - Per I.T. Muhammad, J.C.A., in C.B.N. v. S.A.P. (Nig.) Ltd. Suit No. CA/A/3/2002; (2005) 3 N.W.L.R. (Pt. 911) 152 at 181 - 182.

(2) "Mandamus has always been regarded as an extraordinary, residuary and "suppletory" remedy to be granted only when there is no other means of obtaining justice. Even though all the other requirements for securing the remedy have been satisfied by the applicant, the Court will decline to exercise its discretion in his favour if a specific alternative remedy equally convenient, beneficial and effectual is available. See (i) R. v. Canterbury (Archbishop) (1812) 15 East 117,136; (ii) R. v. Inland Revenue Commissioners, Re Nathan (1884) 12 Q.B.D. 461,478-9; (iii) R. v. Leicester Guardians (1899) 2 Q.B. 632, 639; (iv) De Smith (supra) at p. 561." - Per Oduyemi, J.C.A., in Atta v. C.O.P. Suit No. CA/A/125/2001; (2003) 17 N.W.L.R. (Pt. 849) 250 at 271.

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