An evaluation of The Judicial Control Of Administrative / Legislative Discretion in Nigeria

Abstract

This article examines the judicial control of administrative discretion in Nigeria. The paper focuses on the discretionary powers in all the tiers of the Nigerian Government with a view to evaluating the process and effectiveness of utilisation of discretionary powers in Nigeria. The article then examines how the Judiciary has helped control discretionary powers in Nigeria including Judicial review, Order of Mandamus and Certiorari as well as the challenges the Judiciary faces in controlling discretionary powers including, legislative restrictions and the improper institution of matters before the courts. It was found that not all aspects of administrative governance are contained in the regulatory statutes. The paper then  recommends ways to check some of the challenges faced in the course of judicial control of discretionary powers particularly the amendment of laws that restrict judicial control of some of the administrative discretionary powers.