Title: Rethinking the alternative remedy rule in Nigeria

Authors: Chukwunweike A. Ogbuabor

Addresses: Department of International Law and Jurisprudence, Faculty of Law, University of Nigeria, Enugu Campus, Enugu, Nigeria

Abstract: This paper examines the application of the alternative remedy rule by Nigerian courts especially the Supreme Court. The paper compares the Nigerian practice with the English courts' practice. The paper finds that Nigerian courts have not been consistent and that the application of the alternative remedy rule by Nigerian courts obstructs access to justice. The paper therefore calls for a rethinking of the alternative remedy rule in Nigeria and also offers a way of resolving the mass of conflicting decisions already produced by the Supreme Court on the matter.

Keywords: access to justice; exclusive remedy; rule of law; democracy; administrative law; public law; adjudication; alternative remedy rule; Nigeria; UK; United Kingdom.

DOI: 10.1504/IJPLAP.2015.067778

International Journal of Public Law and Policy, 2015 Vol.5 No.1, pp.33 - 60

Received: 08 May 2021
Accepted: 12 May 2021

Published online: 26 Feb 2015 *

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