ADMINISTRATIVE LAW – ORDER OF MANDAMUS – Meaning of order of mandamus; what an applicant must show before the court will make an order of mandamus


“An order of mandamus, simply put, is an order issued by a Court of law, usually the High Court to compel the performance of a public duty in which the person applying for same (mandamus) has sufficient legal interest. And to succeed in an action for mandamus, it is mandatory for an applicant to show that he has a legal interest or right which he seeks to protect. The applicant must also show the existence of a public duty on the part of the person or body against whom he applies for an order of mandamus. See Ohakim v Agbaso (2011) 47 NSCQR 324 at 367, Shitta-Bey vs Federal Public Service Commission (supra), Fawehinmi v IGP & Ors (2002) LPELR-1258 (SC), Ayida & Ors v Town Planning Authority & Anor (2013) LPELR-20410 (SC).” Per JOHN INYANG OKORO, JSC in FANYAM v. GOV. OF BENUE STATE & ORS (2022-LCER-46523-SC) (Pp 17 – 17; Paras A – D)

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