AN APPRAISAL OF THE LIMITATIONS OF JUDICIAL REVIEW OF ADMINISTRATIVE POWERS IN NIGERIA

Abstract

The exercise of administrative powers is a vital duty of all the tiers of government and other administrative agencies. However, not all aspects of administrative powers are in consonance or within the purview of the enabling statutes or extant laws. As a result, there are increased chances of arbitrariness and interference with the fundamental human rights of the citizens and the rule of law, hence the need for these administrative powers to be checked by an independent body such as the judiciary by way of judicial review. Although the exercise of judicial review of administrative powers in Nigeria has been quiet commendable, however, many challenges or factors hinder the operation of the concept, resulting in its failure to maximally benefit the citizenry, particularly in Nigeria where the law is not developing rapidly enough to meet with the needs of the people. This paper examines the challenges of judicial review of administrative powers in Nigeria with the view to proffering solutions that will address the challenges. The research method adopted in this research is the doctrinal method of research, whereof, primary, secondary and tertiary sources such as the constitution, case laws, text books, journals, newspapers and internet materials were widely consulted. We also adopted the NALT citation guidelines. The research findings show that ouster clauses; executive interference in the appointment of judges, financial constraints, corruption etc badly affect judicial review in Nigeria. The paper however recommends among other things that there is need to improve the judicial system in Nigeria by removing ouster clauses, entrench financial independence, fight corruption to ensure the independence of the judiciary in order to enhance the effectiveness of judicial review.